Assault Crimes

Every US state has laws against assault, as does the federal government. They all define assault as the use of fists, hands, or feet to hit someone, or the use of a deadly weapon like a gun or a knife to intentionally injure a person. In some states, the crime also includes making people fear for their lives or safety, which means you can face assault charges even if you never made physical contact or used a weapon to harm someone.

A conviction for assault can have a major impact on your future. Even just being accused of assault could adversely affect your job and other areas of your life. 

If you’ve been accused of assaulting someone, this page should provide helpful information about how this charge is generally understood under the law and what you can do to defend yourself. We also want to stress the importance of contacting an experienced criminal defense attorney right away, since the penalties for assault are serious and can have far-reaching consequences in your life.

How an Assault Charge Can Impact Your Life

Each state recognizes varying degrees of assault charges, and each sets its own penalties. Depending on the nature of the crime, you could even face federal charges for assault. For the most part, states and other jurisdictions divide assault into classifications:

• Verbal
• Simple
• Aggravated
• Sexual

Verbal assault is when you threaten another person verbally without physical contact. Simple assault usually doesn’t involve a weapon and may not involve physical contact; if it does, the contact usually does not result in serious injuries. In many cases, verbal and simple assault are misdemeanors.

Aggravated assault and sexual assault, however, are typically treated as far more serious crimes. Aggravated assault usually involves a weapon or serious harm to the victim, and sexual assault occurs when someone touches someone else sexually without their permission. Each of these usually results in felony charges.

Just being accused of assault can affect your reputation, your current job, and other aspects of your life. If you’re convicted of assault, you could face harsh consequences, particularly if the charge includes felony assault. These can include:

• Substantial jail time
• Considerable fines, and possibly restitution paid to the victim
• Probation and community service
• Court-ordered anger management and psychiatric counseling

As a consequence of your assault conviction, you could have a hard time finding employment or housing, and you could even lose custody of your children. You may also lose your right to own a firearm, vote, serve on a jury, and other civic privileges and Constitutional rights.

If you face assault charges, you want the defense possible. For this, you’ll need the help of an experienced criminal defense attorney.

Types of Assault Charge Defenses

Your options for your defense depend largely on the type of charges you face and the circumstances surrounding your case. Your attorney can review your case and tell you about your rights and recommend the most effective course. Some defense options they may consider include:

• Self-Defense – This is one of the most common defenses against assault charges. If you can show you were protecting yourself from someone else’s attack, your attorney may be able to claim you were acting in self-defense.

However, the self-defense option comes with a couple of limitations:

1. You must have used only reasonable force to thwart the attack or defend yourself. You shouldn’t keep beating someone once they’re down and no longer a threat, for instance.
2. You can’t provoke someone into attacking you just to give yourself an excuse to fight back.

The two key elements of self-defense are 1) that you reasonably believed you were in imminent danger, and 2) that you used only the amount of force necessary to protect yourself.

• Defense of Others – Similar to self-defense, you may have a defense option if your attorney can show you were acting to protect someone else. A good example is physically assaulting someone who is attacking your spouse or child.
• Defense of Property – Virtually all states recognized that people have the right to defend themselves in their own homes. If someone breaks in and you feel in imminent danger for your life and safety, your attorney will try to show that you used reasonable force to quell the intruder from harming you, your family, or your property.

Defense of property can become complicated due to so-called “stand your ground” laws—or the lack thereof. These laws concern defending your property against an intruder who is on your land, for instance, but not in your domicile.

• Consent – For certain assault charges—particularly sexual assault charges—you may have a defense if your attorney can prove the other party gave consent. Limitations for sexual assault may involve the victim’s age and mental capacity to grant consent. Consent could also apply to consensual fighting (like boxing or MMA) or other contact sports. 
• Mental State and Physical Ability – You may have a defense if your attorney can show you did not have the mental capacity or the physical ability to attack someone. Your attorney may argue that you did not intend to cause the other person harm or did not understand the nature of your actions.
• Duress – Duress means that someone forced or coerced you into committing an act you wouldn’t have done otherwise. Someone may have threatened you to commit the act or even committed violence against you to force you to assault someone else. 

You may also have other defense options available, but you need an attorney to review your case and explain your options.

Consult an Experienced Criminal Defense Attorney for Help

If you were arrested on assault charges, you need to contact an experienced criminal defense attorney immediately. You will need a legal advocate to review your case, investigate the situation, and gather evidence to help you create a strong defense.

The Lento Law Group has licensed attorneys and law offices in many states across the nation, along with many local affiliates. Our legal team can work with you to develop a solid and comprehensive defense strategy against assault charges, and will fight to get you a favorable result. Call the Lento Law Group at 888-535-8652 or contact us online to request a confidential consultation.