The fear of an attack is a serious situation that our society wants to prevent – even in cases when an actual attack does not occur. For that reason, many states have made attempted assault a crime. Most states define attempted assault as a situation where an individual has tried to physically harm a person and has significantly frightened the person, even though the attack was ultimately unsuccessful.
Charges and Penalties for Attempted Assault
Attempted assault charges are typically brought when an individual threatened to commit an assault (by words or actions) and it was reasonably possible for the individual to be able to complete the assault (even if it didn’t actually happen). There is no requirement that the victim be physically harmed in an attempted assault case.
Potential penalties differ from state to state and from defendant to defendant. Penalties can range from financial fines to months or years in prison. Typically, the most significant sentences are for the defendants who are convicted of attempted assault and who have previous criminal records.
Defense Options for Being Charged
In order to avoid the penalties associated with an attempted assault, a defendant who has been accused of an attempted assault must be able to defend himself against the charges. A successful defense will prevent the prosecution from proving the attempted assault charge beyond a reasonable doubt. In order to be successful in a defense, the accused should present evidence that he or she did not threaten to commit the assault either by words or actions and that it was not reasonably possible for the individual to be able to complete the assault even if the accused had the intent to do so.
Specific defenses could include self defense, defense of property, or consent of the alleged victim, for example. Any of these defenses would refute the prosecution’s argument that the accused threatened to commit an assault.
How a Criminal Defense Lawyer Can Help
Accused assault is a state crime. As such, it becomes part of a person’s criminal record if they are convicted of the crime. A lawyer can help research the facts of the case and develop a strong defense to the charges. A lawyer can also make sure that the state has protected the defendant’s rights and afforded all of the procedural protections required by law.
Given the seriousness of the attempted assault crime and possible sentence, it is, therefore, important to hire a criminal defense lawyer if you’ve been charged with an attempted assault.
