Assault Charges: What You Need to Know
Being charged with assault can be scary. It helps to understand the law and your options. This article breaks down the basics in plain English.
What is assault?
Legally, assault is threatning to physically harm someone. It doesn’t require actual physical contact. Threats can be spoken, written, or implied through gestures. Pointing a gun at someone is assault, even if you don’t pull the trigger.
Assault becomes battery if their is physical contact. Punching, kicking, shoving, etc. Battery is physical assault.
Types of assault charges
There are many degrees of assault with different punishments:
- Simple assault – Misdemeanor, up to 1 year in jail
- Aggravated assault – Felony, 1-20 years prison
- Assault with a deadly weapon – Felony, years in prison
- Domestic violence assault – Misdemeanor or felony, jail time
Factors like injury, use of a weapon, relationship with victim, intent and criminal record affect the charge.
Common defenses
Here are some common legal defenses to fight assault charges:
- Self-defense – You acted to protect yourself from harm
- Defense of others – You defended someone else from harm
- Consent – The “victim” consented to physical contact like in sports
- Misidentification – You were mistakenly identified
- False accusations – The charges are fabricated for revenge, attention, etc
An attorney can help argue these defenses and get charges reduced or dismissed.
What happens after an assault arrest?
After an assault arrest, you will be booked and held until bail is set. If you can’t afford bail, you’ll remain jailed until trial. Hiring a lawyer immediately is important to get released faster.
Within days, you’ll be formally charged at an arraignment hearing. Pleading “not guilty” starts the trial process. Your lawyer can negotiate with the prosecutor for reduced charges or dismissal.
Expect multiple court dates over months before trial. Most cases end in plea bargains to avoid trial. An attorney increases your odds of getting charges dropped or reduced.
How a conviction impacts your life
Assault convictions have lasting consequences like:
- Jail or prison time
- Fines and court fees
- Probation and mandatory counseling
- Permanent criminal record
- Loss of civil rights like voting and gun ownership
- Difficulty finding jobs, housing, loans etc
These effects make fighting the charges so important. A skilled lawyer can help minimize consequences.
Getting legal help
Don’t go through assault charges alone. An experienced criminal defense attorney will protect your rights at every stage. They can get charges reduced or dismissed, and minimize penalties. It’s worth investing in a lawyer early on.
Compare local attorneys’ experience, case results and fees. Many offer free consultations. Hiring one quickly after arrest gives you the best defense.
Facing assault charges is difficult. But understanding the law and process helps. With an attorney’s help, you can move forward and put this behind you.
References
https://example.com/self-defense
https://example.com/defense-of-others
https://example.com/misidentification
https://example.com/false-accusations