OTSCHOLDELA

Facing Assault Charges

Most people have an inaccurate or incomplete understanding of what it means to be “charged with assault”. Most believe that such a charge would require physical evidence, but as far as the government is concerned that is not the only way a person can be assaulted.

What You Need to Understand if You Are Charged With Assault

The simplest offenses that have to do with assault will only merit a fine, but the gravest ones can sentence a criminal to up to 99 years behind bars.

Moreover, assault charges can be based purely on even an oral threat.

Whichever the case may be, assault charges must be taken seriously – you need to know what your rights are whether you are being the one charged or doing the charging.

Types of Assault Charges

  • Simple assault – Injuries resulting from the assault are minor and no weapon was used to commit it
  • Verbal assault – Oral and non-physical in nature, resulting into psychological, mental, and/or emotional injury
  • Sexual assault – Sodomy, molestation, rape, or any other kind of sexual act or offense is committed without the victim’s consent
  • Aggravated assault – Use of force against another individual as well as use of weapon
  • Physical assault – Typically committed prior to an attempt on murder, resulting into “grievous” physical harm
  • Felonious assault – The most serious of all assault charges, this often but not always includes use of weapon, results into serious bodily harm, and exercising force against another person’s will

Here’s what to do if your charged with a crime

 

What happens if the assault charges prove true?

If a person charged with assault is found guilty, the consequences of his actions will depend on various factors.

  • Age, current overall condition, and background of the defendant
  • Criminal background of the defendant
  • Circumstances surrounding the incident in which assault had been committed
  • Damage or harm that resulted from the assault
  • The amount of force exercised against the plaintiff
  • Weapons used – if any
  • Premeditation on the defendant’s part and the defenses he or she presented in court

State laws vary when it comes to assault charges as well. As such, they are sure to have an impact on the final judgment. Here are a few examples of what a person found guilty of assault charges may face.

  • Imprisonment
  • Probation
  • Required to perform community service
  • Required to attend anger management classes or something similar
  • Payment of fines and penalties
  • Revocation of permit to own or carry weapons

Do you need an attorney?

Whichever side of the law you find yourself in, hiring a lawyer is a must when assault charges are involved.

As a victim, a lawyer will go a long way in helping you claim justice. As a defendant, a lawyer can ensure that you are not unfairly accused and tried.

Either way, lawyers will also help you seek witnesses and experts to support your case.

They will also ensure that all evidence and corroborating statements are properly noted and submitted to court. They will also provide you with the necessary training and support so that you may conduct yourself effectively when you are being questioned under oath.