The crime of assault covers a broad range of actions that can range from threatening words to a serious physical attack. Assault can be a misdemeanor or felony offense, and it can have serious consequences that can follow you for the rest of your life, such as jail time, probation, community service requirements, fines, and permanent damage to your criminal record.
In order to be convicted of assault, the prosecutor has to prove all of the elements of the crime beyond a reasonable doubt. This is a difficult burden to meet and we will work diligently to help you defeat the charges against you.
A person commits simple assault when he or she intentionally puts another person in reasonable apprehending of imminent harmful or offensive contact. The touching must violate prevailing standards of social acceptability and must be done with the intent to cause harm or offence. Motive is not material, but it must be something that a normal, reasonable person would believe under the circumstances.
Assault may also be elevated to aggravated assault when there is a weapon involved or the defendant attacks a protected class of people, such as a police officer, judge, social worker, hospital staff, teacher, school employee, or public worker with required duties. Aggravating factors can also include the severity of the injury and intent to commit a felony.
Demonstrating that you acted in self-defense can often be an effective argument to have the charges against you dismissed. We can also file motions to dismiss based on procedural errors or violations of your rights by law enforcement during the investigation and arrest process.