Many people think of assault as being an assault directly on a person, when in reality it may be defined in a different manner depending on the actual facts of the case.
Each case that carries a charge of assault will be different depending on the facts of the case. So before you contact a lawyer to assist you with your case, make sure you know specifically for what you are charged. Knowing this will make your lawyer’s job a lot easier. For instance, depending on how the case is charged, the penalties may range (without mitigation or other intervening circumstances) from 180 days up to 4 years in the hoosegow, depending on the facts of the case.
It’s safe to say that, technically speaking, assault is a crime against a person or persons. Yes, this is pretty vague, but once the case gets to court, the judge will usually expand the definition so the jury (if there is a jury trial) understands the case at bar. For instance, if the charge is assault (bodily contact) on a person without their consent, it is indeed assault. However, having said that, any violent act toward another individual without consent (the defining element) is also assault.
Often the terms assault and battery are partnered up, however, more often than not, battery is really a different kind of assault in a category of its own. In order to distinguish the differences as it pertains to what you are charged with, it’s wise to speak to a highly skilled criminal defense attorney. Give your attorney all the details, holding nothing back, and let them outline what options you may have for the charges you’re facing.
Having a highly skilled criminal defense attorney on your side is a good thing and it may mean a mitigated sentence. Once the attorney has the details of your charges they may be able to offer several options for handling your case – get the charges dropped, reduced, thrown out of court or possibly negotiated into an alternative justice program. The choices of course are ultimately yours once you have consulted with your attorney.
Daniel Wannamaker is a board certified criminal law specialist and has 24 years of criminal trial experience with proven results as a Dallas criminal defense lawyer practicing in Austin criminal defense and Houston Texas. To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.