What Your Criminal Attorney Wants You To Know About Assault

Assault and battery is a common type of charge dealt with by the average criminal attorney. If you are facing these charges, there are a few facts your lawyer may want you to know.

What Is Assault

Assault is defined in the law as any act that threatens physical harm to another individual. Depending on the laws in your area and the severity of the case, it can be a misdemeanor or a felony.

The laws can vary from state to state as far as what actual acts are considered assault. That is why using a criminal attorney is so important, so that you can understand what your laws specifically mandate.

What makes this so tricky to understand is the fact that assault does not mean, necessarily, that someone was hurt. Simply threatening a serious action can be considered a crime. For example, assault can include swinging at someone with a bat, waving a fist in somebody’s face, and pointing a gun at a person. You do not have to actually harm the individual. On the other hand, threatening someone with physical harm by simply saying you are going to do something to him or her does not constitute assault. You have to physically threaten with your behavior and actions.

Aggravated assault is a specific type of assault wherein someone intends to cause serious bodily harm to another individual or is guilty of causing serious bodily harm. Most of these cases involve the use of a dangerous weapon. Assault and battery occurs when assault is followed by actions that cause bodily harm, but not with the prior intention of doing so.

Defending These Cases

If you call a criminal attorney to help with an assault case, you will be surprised to know that there are many defenses available for these cases. First, your lawyer will help you understand the potential charges you face. You may be guilty of a misdemeanor or a felony, depending on the laws in your state and the severity of your crime. It is best to know upfront what the potential charges are.

One way your lawyer may defend you is in showing that the individual you harmed was threatening harm to you, someone you care about, or your property. You are generally allowed to use force to defend yourself, your property, and your family members. If this is the case, you may be considered not guilty of your crimes.

There are other strategies as well, many of which focus on lessening the penalties if you are going to be charged. With a good criminal attorney on your side, you could see your charged dropped from a felony to a misdemeanor. Sometimes the lawyer will focus on making the jury members feel doubt about whether or not you actually committed the acts you are being accused of committing. Regardless, even if you consider yourself guilty, you need the help of a skilled lawyer to craft your defense in the best possible light.