When someone accuses you of assault, it is a violent crime. If convicted, you could face serious penalties, including prison time and a criminal record. What should you do if you are accused of assault? Many people believe if they provide evidence or an alibi, they are in the clear. However, the first thing you should do when you are charged with assault is speak to no one and get a criminal defense attorney to help you with your defense. One of the biggest mistakes a person can do is try to defend themselves in court or even to the police officer who has charged them. Instead, speak with an attorney now to see how we can help you with these accusations.
What does it mean when I am accused of assault?
Depending on the state, being accused of assault can mean two things.
- An attempt to attack someone. In certain states, you do not need to physically touch anyone to commit assault. Instead, you can just have the intent to attack them or threaten them to the point where they fear for their safety. Typically, the person threatening the victim would need some other additional act as well as threatening them to show that they may go through with the crime.
- A physical altercation. In other states, it is defined more specifically as the physical act of hurting someone, whether it is with your fists, a knife, a gun, or another type of weapon.
What is simple assault?
If you are charged with simple assault, it is the least serious type of assault. When this happens, the victim sustained a minor injury from the alleged act of violence or was not seriously threatened.
What is aggravated assault?
Aggravated assault is much more serious than simple assault and it usually involves a more serious threat or more severe injury. Someone accused of aggravated assault may:
· Threaten someone with a weapon.
· Use a weapon against someone.
· Threaten to kill someone with a weapon in-hand.
· Have assaulted someone and intended to commit another felony.
Are there any defenses to assault?
There are multiple defenses that someone could use if they have been charged with assault. For example, the defendant may claim that the assault was a form of self-defense. To prove this, they would need to show that the other person initiated the event in question and that the means of defense was reasonable. Another defense would be that it was not the person who is being accused. Instead, it was someone else entirely. To prove this, the defendant would need evidence like witnesses or paper documents like a train ticket or a movie ticket to show they were not at the scene of the crime.
If you have been accused of assault and are looking for a criminal defense attorney to represent you in court, call law firm to see how they can help you.
Source: Criminal Lawyers Long Branch, NJ, Rispoli & Borneo, P.C.