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What to do If I am being accused of assault
What To Do If You Are Accused Of Assault
Most people associate assault charges with physical violence. While the most serious cases do involve bodily harm, you can also get charged with assault for causing someone to fear an attack, unwanted touching, or verbal abuse.
Regardless of the situation, assault is a serious charge. Even simple misdemeanor assault can lead to a jail sentence. And, if you are convicted of aggravated, felony assault, you could get prison time and have issues obtaining employment in the future.
Because these charges are potentially very serious, you should always get a criminal lawyer when charged with assault. A skilled attorney can help you discern the validity of the charges and take the necessary steps to get the best possible outcome.
Here is a closer look at what you need to know if you are charged with assault.
What are the types of assault?
There are several different types of assault. It is important to know what kind of charge you are dealing with so you can assess the seriousness of the situation and plan the next steps.
- Verbal assault is when you threaten another person or use aggressive language. However, the situation does not escalate to physical violence. The victim must feel threatened or experience mental, emotional, or psychological damage as a result of the words or language. Depending on the nature of the threats, verbal assault can be either a misdemeanor or a felony.
- Simple assault (misdemeanor assault) can include verbal abuse and threats, but the situation can also escalate to physical violence. In most cases, you will get charged with simple assault if the violence does not cause injury or the damage is minor. In most states, simple assault can occur if you do not have any type of weapon.
- Aggravated assault (felony assault) involves physical violence. In most cases, you only get charged with aggravated assault if you intend to cause or actually cause bodily harm. If there are significant injuries as a result of physical violence, you are likely to receive an aggravated assault charge. Aggravated assault can also involve a weapon.
- Sexual assault involves sexual touching without permission. It may or may not involve violence, force, or verbal intimidation. This charge can be as simple as unwanted contact or as serious as rape. However, if the situation involves violence or force, it is almost always a felony.
What steps to take if you are accused of assault
You need to take specific steps to deal with an assault charge. With this type of charge, you typically need the services of an attorney. They can provide you with options for proceeding to get the charges dismissed, get a plea deal, or avoid the most serious charges.
However, the process of dealing with an assault charge starts as soon as law enforcement arrives on the scene. Here is what you should do.
- If a law enforcement officer places you under arrest, do not resist or show aggression. The arresting officers could serve as witnesses and be interviewed by the prosecution when they decide whether or not to proceed with the case.
- Do not admit to anything. The officer should read you your rights, and you then have the right to remain silent until you speak with your attorney.
- Contact your lawyer or request a public defender before speaking with interviewing officers.
- As the lawyer builds your case, you should not have contact with anyone involved in the event that led to your assault charge. The lawyer may ask you to obtain evidence or ask people to serve as witnesses on your behalf. However, they will likely not ask you to contact the alleged victim.
- Do not post anything about the assault or the situation on social media. If others post images or text online, do not respond.
Finally, you need to attend every hearing, meeting, or other event related to your case. Make sure to arrive on time.
Can you get a plea deal?
If the assault charges stick, you can work with your attorney to get a plea deal that could help you avoid a full prison sentence. You can also seek alternative punishment or take steps to ensure that you do not have a felony conviction on your criminal record. A felony can cause problems as you pursue employment and educational opportunities.
You need the help of an attorney to work on a plea deal for an assault charge. First, you need to work with the prosecutor to agree on the details of the deal. Then, you need to present the argument for the deal to the judge who is in charge of the case. Finally, the judge needs to accept the deal. If they do not, the case will likely go to trial.
When is a plea deal worthwhile? If you have little or no criminal record, you may be able to get a plea deal that helps you avoid or minimize prison time. You may also be able to get a work release or community service sentence or serve probation. If you complete these alternative punishments, you may also be able to avoid having a serious charge on your permanent record.
How can an attorney help with your assault charge?
A lawyer understands the law and how the court system works. If you are facing assault charges, they can help you navigate the legal process.
For example, a skilled lawyer can help you understand the charges, the consequences of being convicted, and how to respond to the allegations.
One very important thing to remember when dealing with an assault charge is that you need to tell your attorney the truth about what led to the charge. You are protected by attorney-client privilege, so your lawyer will not tell anyone what you tell them. However, they need all the information you provide them to make the best decision about proceeding.
Finally, if you contact a good lawyer, you can be confident about getting the best possible outcome after being charged with assault.
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Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.