Assault Lawyer

Assault is a much more complicated criminal offense than many people give it credit for, since what actually counts as “criminal assault” can change drastically depending on what state you are in when you are accused of this offense. In some states, you have to actually cause someone else to suffer a physical injury in order to be charged with assault, while in other states you can be convicted of assault just for supposedly threatening someone without ever actually touching them.

On top of that, assault can be treated as a relatively minor misdemeanor or as a high-level felony depending on who you allegedly targeted, what kind of harm they sustained, and sometimes what you allegedly did to harm them. Put simply, this is not an allegation you want to try fighting without a seasoned defense attorney by your side—and fortunately, you have help available to you from a knowledgeable assault lawyer with years of experience helping people like you through situations much like yours.

What Is the Difference Between “Assault” and “Battery?”

A lot of people assume that “assault” and “battery” are essentially the same thing in a legal sense, and it is understandable to think that since both terms are often used interchangeably—or just mashed together as part of a single phrase—in popular media. In reality, though, “assault” and “battery” are two entirely different criminal offenses, and anyone who lives in a state that formally differentiates between the two in its legal code should know what the differences are and how those unique elements could impact a potential criminal case.

While the specifics change from state to state, “assault” generally refers to someone saying and/or doing something aggressive that puts another person in reasonable fear that they are about to sustain a physical injury, and “battery” refers to the act of making aggressive physical contact with someone else and usually—but not always—causing them to suffer a physical injury as a direct result. This is why “assault and battery” is a commonly used phrase, as it refers to someone making a threat towards someone else’s safety and then actually striking them in anger—two separate crimes committed together as part of the same act, as an assault attorney from our firm could further explain.

How State Courts Typically Approach Assault Charges

In states that consider “assault” and “battery” to be distinct criminal offenses, the severity of an assault charge is generally based on exactly what kind of harm the defendant allegedly threatened to cause someone else or, in some cases, the circumstances under which they made the threat. For example, assaulting a police officer or healthcare worker is almost always prosecuted more harshly than assaulting a regular citizen, even if no one got hurt in the incident.

In states where “assault” specifically refers to causing someone else to suffer an injury, the severity of the charge usually revolves around how badly the defendant injured the person whom they assaulted. As any experienced assault defense lawyer knows, though, various other “aggravating conditions” can lead to assault allegations being treated more harshly in court, especially the presence—let alone brandishing or discharging—of a firearm during the alleged incident.

Help Is Available From a Qualified Assault Attorney

No matter what circumstances led to you being charged with criminal assault, you should think twice before trying to contest that charge all by yourself, or even with just a public defender on your side. Failing to retain legal counsel could not only lead to you getting an unfavorable result in court but potentially to having your rights violated in the leadup to that unfavorable verdict.

Working closely with a private assault lawyer can make a world of difference in your ability to fight your charges effectively and protect your best interests. Call today to learn more.