Charges for the assault are common across the U.S. In 2011 there were 751,131 aggravated assaults in the United States, according to the FBI’s Uniform Crime Reports. This does not include the large number of victims accused of simple assault. Regardless of how it is graded, violence is a violent crime and is treated seriously by the US legal system. When charged with assault, seek legal counsel at the earliest opportunity. While talking to your attorney about the case make sure you ask 5 important questions. Checkout Assault Charge Lawyer near me.
“What do I get accused of?” Legally, “abuse” is a broad term that is used differently across the world. Generally speaking, battery requires some type of harmful or offensive contact, while assault requires only action that would put a reasonable person in fear of harmful or offensive touch. Some statutes, however, use the term assault with battery interchangeably, and an assault charge can be a battery charge indeed.
The differentiation can have a major impact on the legal strategy for the defendant. This is where a legal team ‘s services are indispensable. If some degree of interaction was authorized by the statutory elements, the defendant may argue that the contact was not so dangerous or offensive that it violated the statutory language; or he or she may assert that the contact was unintentional. If the law involves intentional actions that would threaten the victim, the defendant can argue that his or her actions have not reached a level that would cause that to happen. The specific wording of the respective attack law would determine the protections available.
“Are I accused of a crime or a misdemeanour?” Many jurisdictions divide assault into different categories. The crime may qualify as either a misdemeanour or a felony, depending on circumstances and the relevant statute. Simple assault with no serious injuries or using weapons will typically qualify as a misdemeanour. An assault in which the attacker attempts to use or actually uses some instrument form, or in which they qualify as a criminal because of serious bodily injury.
When the suspected crime is charged as a felony, a plea bargain may also result in the charges being reduced to a misdemeanour.