Assault is classified as a serious and violent crime and that classification can affect the way your case pans out. Bail, bail conditions, plea bargains, and almost every aspect of your case rise to a higher level of seriousness and require faster and more aggressive action if you are to fight against the charges. If you or a loved one has been arrested and charged with assault, read on to find out more.
Defining Assault
Did you know that it's not even necessary to lay a hand on someone to be charged with assault? All that is necessary is that the alleged victim had a fear of being physically hurt. Take a look at these scenarios — all of which might be classified as assault:
- Two people in a relationship are arguing and one of them picks up a large knife from the kitchen counter. The person with the knife makes threatening motions with the knife while making verbal threats. They don't have to use the knife for it to be assault.
- Two people get into an altercation at a nightclub. One person takes an aggressive stance with their fists ready to strike and their arms raised. Even if things don't progress beyond that point, it might still be assault.
- On a train platform, a person suddenly lunges at another as if to push them into the path of the oncoming train. They don't touch them, however. Taking an action like this could be considered assault.
Fighting Against the Charges
Simple assault, as the above incidents might be called, is only a misdemeanor but it's still considered a serious and violent crime that will be on your record forever if you are convicted. You very well may have never intended to carry out a violent act but that assault charge stands for all to see. The best way to handle things is not to get convicted of the crime to which you are charged. To that end, take these steps:
- Once you get bailed out, speak to a criminal defense lawyer right away. They can investigate the facts behind the arrest and find out what the state has in evidence against you.
- Discuss mitigating factors with your attorney that can be used in your defense. For example, if you were trying to remove a weapon from someone rather than assault them with it that could result in your charges being dropped.
- Once you know about the evidence, your lawyer can work on a plea deal that might result in lesser charges and less punishment.
Speak to a criminal defense lawyer to find out more.
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