Assault is a serious criminal charge, but it’s one that confuses a lot of people. Many defendants are surprised to learn, for example, that a mere threat can constitute assault. Or that the definition for assault under the criminal code isn’t necessarily the same as assault in a civil lawsuit.
Confusing at it is, state authorities nevertheless take criminal assault cases very seriously. The statutes set forth fairly specific definitions of assault in varying degrees, and anyone charged under those statutes will have to take immediate legal action to spare themselves from substantial criminal penalties.
If you’ve been charged with criminal assault, you should contact the assault defense lawyers at Oberheiden, P.C. today.
We’ve spent many years helping people in your situation overcome enormous odds. We understand that assault allegations often arise from spontaneous altercations and messy domestic disputes. The facts can be hazy, as are the participant’s memories. It’s easy for a simple situation to be blown out of proportion.
You do not deserve to pay for law enforcement’s misunderstandings or exaggerations with your freedom or your finances. Don’t let the government treat you unfairly. Get powerful and strategic legal defense on your side today.
Defining Criminal Assault
Basic criminal assault, also known as “Class A assault” is defined as:
- Intentionally, knowingly, or recklessly causing bodily injury to another, including the person’s spouse, or
- Intentionally or knowingly threatening someone with imminent bodily harm, including the person’s spouse, or
- Intentionally or knowingly causing physical contact with another person when you know that the other person will consider such contact to be provocative or offensive.
Those definitions seem fairly straightforward, but you should understand that each and every word in the statute matters. The prosecution has the burden of proving that you satisfy each word beyond a reasonable doubt, and we have a whole body of caselaw and careers worth of strategy available to us as we challenge them.
Our assault defense lawyers believe in taking a full-throttled approach to your defense. For this reason, we will hold police and prosecutors to the highest standards of evidence, procedure, and law.
More Serious Forms of Criminal Assault
Whereas Class A assault convictions are Class A misdemeanors (thus the name), more serious cases can be tried as second-degree felonies. A felony charge is more likely in the following scenarios:
- Sexual assault
- Assault with a deadly weapon
- Assault on a victim who is elderly, disabled, or a very young child
- Aggravated assault (i.e., assault that involves serious bodily injury, which might include permanent disfigurement, impaired bodily function, or substantial risk of death)
Please note that, a felony assault that leads to a person’s death could be charged as either manslaughter or a felony murder (potentially a capital crime).
Domestic Violence and Assault
Sadly, domestic violence is a common theme in assault cases. If you’ve been accused of assault by a relative or close friend, you need to work with an assault defense attorney who understands that there are two sides to every story.
As assault defense lawyers, we have seen firsthand how commonly false accusations, exaggerated allegations, and misunderstandings can give rise to prosecutions.
Unfortunately, the state isn’t as interested as it should be in uncovering the real truth of the matter. That’s what we’re here for to advance your best interests and insist that the other side have a real, hard proof for the serious accusations they’ve made.
Contact Our Experienced Assault Defense Lawyers
Defendants often underestimate just how much power and advantage the state enjoys in these cases. Consider, for example, that considers pain alone to be a form of bodily harm. That means a defendant’s claim that he or she experienced pain can be sufficient to support an assault charge, even if there is no evidence of bruises, broken skin, blood, etc.
If you’re facing a criminal assault charge, you have an uphill battle but it can be won. Don’t make the mistake of attempting to defend yourself. The state isn’t looking to do you any favors. But our assault defense lawyers may very well be able to negotiate a dismissal of the charges against you. That is always our goal.
The sooner we get started, the more helpful we can be. Please don’t delay. Call Oberheiden, P.C. at 866-603-4540 or contact us online and ask for a free consultation right away.