Facing any charge is an unfortunate situation. It is worse when your offense is assault. If you don’t get the best assault attorney, courts may hand you a long jail term, which is sometimes simply a life sentence, probation, or a hefty fine. In addition, many people convicted for assault find it hard to live with themselves, their communities, and workmates even after they complete their time in jail or paid the fine. You may also be unable to secure permission to travel out of the country or even get employment anywhere.
However, the picture is not as grim as it may seem. Many people charged with assault have been let off the hook. All you need is to find a lawyer who, apart from being greatly knowledgeable and experienced in handling assault charges, will stop at nothing in the fight to see the client walk free.
The Assault Charges to look out for
The least serious form of assault is simple assault and the most serious is aggravated assault. In between, there are many different types of assault, including assaulting a police officer while resisting arrest, assault with a weapon, sexual assault, domestic assault, and even manslaughter and murder.
Any assault attorney will tell you that the assaulted person does not have to sustain any physical injuries in order to obtain a charge against you. A simple application of force intentionally and without consent is enough. Moreover, threats or attempts to use force against a person qualify as assault.
A charge for aggravated assault usually results from wounding, maiming, disfiguring, or endangering the life of one person by another through assault. Remember, in this case, the prosecution does need to prove the intention of causing the injuries.
Equally serious are the different types of sexually-based assault. They include sexual assault, sexual assault causing bodily harm, sexual assault with a weapon and threatening or actually causing harm by using or not using a weapon. Further, there is aggravated sexual assault.
Assault Charges Defenses
There are several strategies for putting up a defense against any assault charge. However, you need a reputable attorney or law firm to make them effective in securing your freedom. Among other means of providing defense, the attorney should prevent inaccurate or improper identification of the defendant and prove that the complainant is inspired by a hidden ill-motive in bringing the case to court.
The Alternative Measures Program (AMP) is designed for people defending against an offense which is likely to result to a short time in jail. Once you satisfy the requirements for the program, the crown may withdraw the charges. A small-time offense may also be proved to have been caused by mental health disorder in which case, a Mental Health Diversion (MHD) may be applied. Satisfaction of the required criteria and agreement of the terms leads to withdrawal of the charges.
Your assault attorney may advise you to go for a peace bond, which is usually a solution to charges of domestic assault. The defendant must agree through signing to satisfy certain conditions within a given period. Once completed satisfactorily, the charges may be withdrawn.
Assault charges are not always easy to defend. Never try to do it without the assistance of an established assault attorney or law firm. In addition, only hire the best. Remember, not only do you risk a jail term or a heavy fine, your reputation may be also at stake.