Assault and violent crimes are serious charges that can have a lasting impact on your life. In 2019, an estimated 1,203,808 violent crimes occurred nationwide in the US.
If you or your relatives have recently been charged with assault, it is essential to know the rights and seek legal counsel. An experienced attorney for assault charges can help guide you through the criminal justice system and provide you with the best possible defense.
The following guide will discuss some of the questions you should ask an attorney if you are charged with assault:
1) What Are The Potential Penalties If Convicted Of Assault?
The potential penalties for an assault conviction vary depending on the severity of the charge and the circumstances of the crime. An aggravated assault or domestic violence charge is considered a felony and typically carries harsher penalties than other types of assault charges.
Felony means you will have spent at least a year in prison, while misdemeanor means you could spend no more than six months there. In some criminal cases, an assault charge may be reduced to a misdemeanor if mitigating circumstances occur.
Misdemeanor assault can carry penalties of up to one year in jail, a fine of up to $500, or both.
If you have been convicted of assault in the past, any subsequent charges will be considered a felony.
It is crucial to speak with a domestic violence lawyer for assault charges about the potential penalties if convicted of assault. An experienced lawyer can provide you with information about the specific charges against you and help build a strong defense that may reduce your penalties.
2) Which Defense Strategies Might Be Used In The Case?
Your attorney will evaluate the specific circumstances of your assault charge and determine which defenses may apply to your case.
A common defense in an assault case is self-defense, which is when you act in a necessary way to protect yourself from harm. Another defense that may be used is a provocation.
Provocation means that the defendant acted in a way that provoked the victim into attacking them, and this defense may be used to reduce or even dismiss an assault charge.
Your attorney will also consider any mitigating factors that may apply to your case, such as whether you are acting in self-defense or if you have suffered from mental trauma.
Your attorney can discuss these defenses with you and explain how they apply to your specific case.
3) Can The Charge Be Dropped Or Reduced?
In some situations, an assault charge may be dropped or reduced. It can happen in the case if there is not enough evidence to convict you of assault or the prosecutor is willing to reduce your charge.
Your attorney may also be able to negotiate a plea deal, which involves pleading guilty to a lesser charge in exchange for lighter penalties.
The prosecutor may agree that you did not commit assault and drop the charge altogether in some cases.
It is essential to speak with an attorney about the possible ways the charge against you may be reduced or dropped.
4) What Is The Process Of A Trial?
Your lawyer for assault charges can explain what to expect during an assault case and help you understand your rights.
If you choose to go to trial, the process will typically involve the following steps:
- The prosecutor will present their case against you, including evidence and witness testimony.
- You will have the opportunity to cross-examine the prosecutor’s witnesses and present your defense.
- The jury will decide whether or not you are guilty of assault.
- The judge will hand down a sentence if convicted based on your case.
Final Words
If you have been charged with assault, it is vital to seek legal counsel. Your licensed lawyer will have the ability to navigate the criminal justice system on your behalf.