Overview
If you are being charged with Assault, you are being charged with threatening another person with harm by force or offensive scare tactics. If you intentionally hurt someone, that, too, is considered assault. If you physically touched someone in a harmful or offensive manner, that is considered Battery. If the defendant assaults you, while committing a serious crime and using a gun or a knife that is considered an aggravated assault.
An assault conviction is a serious crime that includes serious consequences, such as fines, probation and jail or prison. An aggravated assault will result in more severe consequences.
Misdemeanor or Felony
Depending on the circumstances surrounding the assault and the laws in your state, you can be charged with a misdemeanor or a felony conviction. Each conviction has long-term consequences.
Self Defense Argument
If you used force to avoid possible danger to yourself from another person, you can use self-defense as a defense. A self-defense argument can be used if you were defending someone else against possible physical harm. The assault could have been an accident or the accuser could have misinterpreted the defendant’s actions. In any case, mitigating circumstances could help.
Assault and Battery
Assault – an attempt to harm someone with violence or force, purposely putting someone in fear of harm or injuring someone. Assault can be considered attempted battery.
Battery – The actual offensive or harmful physical contact with the victim, unwanted touching – injury results.
Assault and Battery are two different crimes and each can be prosecuted as a misdemeanor or a felony. Circumstances of the crime determine this. For example, how was the crime allegedly carried out, what kind of injuries resulted and what are the laws in the state?
Penalties
The defendant will be charged depending on the circumstances surrounding the crime. The sentence will be more severe when assault or battery is against a child, elderly person, police officer, firefighter, disabled person or a pregnant woman. It is also more severe if the crime was committed because of race, religion, sexual orientation or color. Other examples of a more severe penalty is assault or battery during a robbery in a store when the defendant intentionally caused bodily harm or injury. If assault or battery is against a spouse or someone the defendant is sharing a home with, criminal penalties plus a restraining or protective order can be given. The defendant will not be allowed to return to his or her home.
If you are a habitual offender and live in a “Three Strikes” law state, the penalties will definitely be enhanced.
Types of Assault
Sexual
Laws prohibit sexual acts between two people when one person has not consented to the act. The most serious sexual assaults are those committed against children and involve violence.
Sexual Assault versus Rape
Rape is defined as the act of sexual intercourse or penetration by force and against the victim’s will. A sexual act with a minor will result in criminal charges. Most allegations are made against someone the victim knows. The seriousness of the charge depends upon the type of force and injuries suffered by the victim. In most cases, felony charges will be had. The penalties are severe and include jail or prison, fines, psychiatric treatment and restitution to the victim. In most cases, the defendant will have to register as a sex offender for the rest of his or her life. The victim must have sufficient proof of the crime. Since it is the victim’s word against the defendant’s word, false allegations are often made.
Domestic Assault
An assault or battery against a spouse or intimate partner. Can also happen to a child or elderly person living in the home. Domestic assault is physical violence and emotional abuse. Examples are intimidation, threats and control. Many states make arrest and prosecution mandatory regardless of what the victim wants.
The police will assess the situation when called to the home after a domestic assault takes place. They will determine whether to arrest the accused person. Once in court, the defendant will learn the charges against him or her and enter a plea. The judge will determine if bail should be set. The defendant will be ordered to have no contact with the alleged victim. If the victim does not want to file charges, the case will still go forward in some states. A conviction will result in jail or prison, huge fines, and anger management classes.
Next Steps
If a family member has been arrested for assault or battery, the first step you should take is to hire a qualified criminal defense attorney. The attorney will get all the facts and prepare a defense. Tell your family member not to answer any questions without his or her attorney present – everything said will be held against him or her. Tell the family member to remain calm. If the family member must stay in jail, find out when visiting hours are and advise the jail personnel if this person requires prescription drugs. If bail is set and you cannot afford to pay cash, you can post a bond for the bail amount. You will probably have to use your home or valuable property to secure the bail bond.
If you were the victim, it is important for you to see a doctor immediately. You should also look into help and guidance with a mental health professional.
Hire an Attorney
Conviction for assault can lead to long jail or prison time plus heavy monetary fines and parole. It will affect your life for a long time. Every state is different when it comes to handling assault and/or battery convictions. It is important to hire an attorney who is experienced and familiar with your local court and state laws.
Links to more information
http://topics.law.cornell.edu/wex/Criminal_law
http://www.fbi.gov/ucr/ucr.htm
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