Assault Charges

Assault is most simply, a sign of intent or attempt of physical violence of which the intended target of the assault is aware. A person who points a gun at another person is clearly guilty of assault. However, if that person is unaware for any reason, it is not assault. Assault is often coupled with Battery, and assault law is designed to help prevent it from occurring. However, the laws are somewhat imprecise for assault, because things like mind-altering drug substances, age, mental condition, and self defense reasons make judgments on cases difficult to determine.

Examples of common types of assault are:

• Raising a fist
• Pointing a gun (loaded or not - real or not)
• Throwing an object
• Verbal statements or threats that show intent to cause physical harm (with ability to carry out)
  

When assault escalates or is successful, it becomes battery. This makes a person who is guilty of battery also guilty of assault. A charge of the combination of these two laws is very common, and is much more serious than assault. However, simply a charge of battery is possible. Attorneys who specialize in assault in battery are very useful to explain to individuals involved in these cases exactly they are or could be guilty of, if anything.

Filing an Assault Charge

Filing a charge for assault is very important to individuals. It should be done quickly in cases where the assailant has made threats of future physical violence The assault litigation process, as for most laws, has many complexities that must be untangled to reach the varying result.to help prevent it from happening. Hiring an attorney is extremely important, but this does not relieve the individual. Those filing charges must provide a wealth of information so that the attorney can make a strong case to defend or prosecute for an aggravated assault sentence. Things to provide are:

• All medical records (including associated bills)
• All insurance information
• All available witnesses
• A complete description of the event
• A complete list of damages to oneself and property

After reviewing and discussing the situation, the attorney will file the charge. Next is the business of attaining information in meetings where attorneys should always present. The situation is then reviewed and the decision between a settlement and trial is made. If a settlement is not reached, the trial will be scheduled.

Defending an Assault Charge

For those charged with breaking assault law, the process is similar to those making the accusation. A specialized assault and battery attorney should be hired. Information provided to this attorney is the same as the victim, or accuser.

Many times, the accused was also assaulted in the situation at some point. There are several effective defenses for assault charges, each varying depending on the respective state laws. An assault and battery attorney will be able to create the best case to defend the specific case and may even have charges dropped. Before the settlement or trial, it is imperative that the accused answers questions or discusses the case only in the presence of an attorney.