Assault May Mean Different Things

Each case that carries a charge of assault will be different depending on the facts of the case. So before you contact a lawyer to assist you with your case, make sure you know specifically what you are charged with. Knowing this will make your lawyer's job a lot easier. For instance, depending on how the case is charged, the penalties may have a wide range of time in jail attached to them.

It's safe to say that, technically speaking, assault is a crime against a person or persons. Yes, this is pretty vague, but once the case gets to court, the judge will usually expand the definition so the jury (if there is a jury trial) understands the case at bar. For instance, if the charge is assault (bodily contact) of a person without their consent, this is assault. However, having said that, any violent act towards another individual without consent (the defining element) is also assault.

Often the terms assault and battery are partnered up, however, more often than not, battery is really a different kind of assault in a category on its own. In order to distinguish the differences as it pertains to what you are charged with, it's wise to speak to a highly skilled criminal defense attorney. Give your attorney all the details, holding nothing back, and let them outline what options you may have for the charges you're facing.

Having a highly skilled criminal defense attorney on your side is a good thing and it may mean a mitigated sentence. Once the attorney has the details of your charges they may be able to offer several options for handling your case - get the charges dropped, reduced, thrown out of court or possibly negotiated into an alternative justice program. The choices of course are ultimately yours once you have consulted with your attorney.

Assault & Battery - Criminal Law

Each year there are over 800,000 assaults reported to local law enforcement agencies. Assault is typically defined as trying to strike an individual when the individual is aware of the danger being presented. A 'felonious' assault is an attack, or attempt to attack, through force, in order to cause physical injury to an individual. Even if the individual doesn't get hurt, but a weapon is involved, then it still falls under the category of a felony.

Assault & Battery is an incident where actual contact was made and resulted in the need for medical treatment. This is also a felony. The consequences of an assault crime can be imprisonment, probation, fines, anger management classes and more. The punishment usually has to do with the circumstances of the situation and the background of the offender. If the offender has a prior history of assault these punishments will most likely be inflated.

Not every instance of an assault crime is straight forward and clear-cut. For instance, an assault may have been committed due to self-defense or defending another person or property. This is why it is so important to hire a professional assault attorney. A qualified attorney will be able to complete an extensive investigation and use their professional expertise to help dismiss or minimize the sentence.

Assault & Battery - Criminal Law

Do I Need an Aggravated Assault Attorney?

The punishment for an aggravated assault charge is imprisonment from five years up to fifteen years. Life is said to be short so who would like to spend a good part of their life in an enclosed prison cell? So if you are wrongly accused of aggravated assault, you better find yourself an experienced and dependable aggravated assault attorney to defend your case. If your attorney is aggressive enough and skilled enough, he or she may diminish your sentence if not have it dismissed altogether. In the hands of a reliable criminal attorney, you are sure that your right will be protected and secured in the court of law.

The primary task of an aggravated assault attorney is to guide you throughout the legal proceedings of your aggravated assault case. If you are charged in Arizona or in Phoenix to be more specific, your best choice of attorney is a criminal defense attorney in Phoenix. It is a good move to hire a local attorney as he or she is most likely familiar with the state laws, court system and proceedings. Local attorneys are more familiar with the judges and state prosecutors so he or she already know how to deal with them and which evidence will more likely strengthen your case.

Having an aggravated assault attorney is essential in your case for he will be the one to explain to you your rights. He will properly explain to you the intricacies of the charge filed against you and its implications. Knowledge is power so you better listen attentively to your attorney and know all the details with regards to your case. Part of the legal council you can expect from your attorney is to tell you the evidence that the prosecutor can come up with in order to convict you. In short, he tells you what to expect so you will not be shocked during the trial. He should also prepare counter arguments in your favor to convince the judge and the jury of your innocence.

Do not trust an overconfident aggravated assault attorney. Although you need your attorney to have confidence that he can win the case, what is more important is for your attorney to present good evidences and witnesses that will make your case a lot stronger. Remember that the justice system is very complex. Even if you hire a local attorney, he or she cannot predict the precise outcome of the trial all the time.

Assault Vs Battery

The term "assault and battery" is a very familiar one, but the differences may escape most people. We're so used to hearing them as a pair that many Americans don't know what the difference between the two is and how those differences affect the consequences of the crimes. Knowing what assault and battery are and how they differ can be important to establishing your innocence. Discussing your charge with a criminal attorney can be an important step in defending yourself.

Assault

In the United States, assault is a crime of violence in which violence is threatened against someone, and usually followed up by the display of force. For example, if someone threatens you and pulls out a knife, that person has committed assault. Additionally, assault may also include any threat of physical contact. Other countries may define assault differently.

Assault is the threat of attack, not the attack itself. You do not have to be even touched for the other person to have committed assault. Let's say you're watching a game at your local sports bar and another patron has had too much to drink. He gets aggressive towards you and begins threatening you with violence, saying that if you don't get out of his face, he's going to hit you, raising his hands threateningly. Even though he has not actually hit you, his verbal threats and the brandishing of his fists means that he has committed assault and can be arrested.

Battery

Battery, however, is defined as the actual violent contact against someone. Depending on the circumstances, it may be either a misdemeanor or a felony. To prove battery, the prosecutor must establish that an unlawful display of force has been applied to another person which results in injury or offensive contact. To put this in layman's terms, the lawyer must show that the defendant has violently attacked the victim.

Battery is often preceded by assault, and both crimes can occur in the same act. If the person at the sports bar had followed through on his threat and attacked you, he would have committed both assault and battery. However, battery does not always occur with assault. If an attacker jumps you and hits you without threatening you, only battery has been committed, not assault.

If you're interested in learning more about assault and battery, or have any other questions about criminal defense law, visit www.criminallawyerbocaraton.com.