what kind of lawyer to hire to press assault charges

by Annie Ernser 10 min read

Hiring an Assault and Battery Lawyer
If you are the one being accused of assault or battery, look for a criminal defense lawyer to represent you. However, if the victim is suing you for their injuries, hiring a personal injury defense lawyer will be your best bet.

Full Answer

Should I hire a lawyer for an assault charge?

If you are looking to press charges for an assault, or if you already have pressed charges, it is advisable to find legal representation. Victims who have been harmed by an aggressor in an assault should hire a personal injury lawyer.

What should I do if I have been charged with assault?

If you have been charged with assault, the first thing you need to do is track down a criminal defense lawyer who is focused on defending assault charges. Assault charges can stem from a variety of different circumstances, including:

What does it mean to press charges for assault?

Pressing charges for assault means that a victim of assault files a report against the aggressor (or assailant) with the police who in turn will hand over the matter to the prosecutor who may formally file criminal charges against the same.

How do I press charges against someone?

Make a police report and state you want to press charges. The State will handle the rest You need a lawyer called the District Attorney. First, you should call the police. Not sure of the non-emergency number, but the emergency number is 911. The reason that you only find defense attorneys is that we are the only ones that advertise.

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Is pressing charges the same as suing?

When charges are pressed, the accused person may have to go to trial. Pressing charges is different than suing in civil court. When a person decides to take this action, he will not benefit monetarily as a result of the outcome of the case.

How long after an assault can you press charges in Texas?

According to Chapter 12, Article 12.02 of the Texas Code of Criminal Procedure, “An indictment or information for any Class A or Class B misdemeanor may be presented within two years from the date of the commission of the offense, and not afterward.” For Class A assaultive offenses, the charges must be brought within ...

How serious is an assault charge in Texas?

In Texas, an aggravated assault is a second degree felony with punishments including 2 to 20 years in prison and a fine of up to $10,000. If the assault also involved certain circumstances such as domestic violence, it can be considered a first degree felony with punishments that include up to life in prison.

Can assault charges be dropped in Texas?

Can assault charges be dropped by the State? Yes. But the prosecutor doesn't dismiss assault cases just because the Victim asks. Prosecutors will even go forward with the assault case without the victim's cooperation.

How to press charges for assault?

How To Press Charges For An Assault. When you have made the decision to file charges after an assault, you need to visit your local police department. For whatever reason, if you are not physically able to visit the police station , you may call them over the phone. All you have to do to kickstart the process is express that you want ...

Why do people file assault charges?

When an assault happens, some people are afraid to file charges on their assailants for fear of retribution. However, when filing assault charges, people may also seek to obtain orders of protection from the court as well, which are, essentially, r estraining orders that if violated will result in the arrest of the assailant. Such orders require that the assailant not come within so many feet of the victim or any location where the victim is believed to be.

What is the difference between assault and battery?

By definition, an assault occurs when one person commits actions that put another person in a situation where he or she can reasonably fear that he or she will be physically harmed. Battery, on the other hand, is when the aggressor physically harms someone. Both assault and battery can be classified as civil or criminal.

What is assault charge?

Types of Assault Charges. When it comes to pressing charges, many people will use the term assault to describe what happens when an aggressor harms a victim. However, there are many different terms that are used when describing these crimes. A lot of times you will hear the terms “assault” and “battery” used interchangeably.

What is simple assault?

Simple Assault – This is an attempted battery or threat. The aggressor must have the intention of hurting the victim, regardless of whether they do or not. To be considered simple assault, it must be reasonable for the victim to believe that the aggressor was going to harm them. There also must be some sort of harm involved, ...

What is the punishment for assault and battery?

Both assault and battery are criminal acts and are punishable by court. The most common punishments for assault and battery are jail time and fines.

What is the importance of knowing the terms and consequences of assault?

Whether you are the victim of an assault, or you’ve found yourself being the aggressor (or assailant) in a physical altercation, knowing the terms and consequences is important so you can properly protect yourself. Let’s dive into the types of assault charges you can file.

When Should You Hire an Assault Attorney?

Taking action immediately in your assault case is critical. Even during your initial encounter with the police, whatever you do or say can impact the outcome of your case. You might think that you can talk your way out of your charges or prove your innocence by explaining your side of the story.

What Should I Look for When Hiring an Assault Lawyer?

The quality of your legal representation can impact your case. You must ensure that you hire a criminal defense lawyer who can competently represent you and will look out for your best interests.

What is domestic assault?

A domestic assault is an assault that takes place between two people who are either currently or formerly dating or in a common-law or married relationship. If you want to know that how much does a lawyer cost for an assault charge then our professionals are here to guide you.

What is the policy manual for domestic violence?

According to the “Policy Manual”, a document provided by the attorney general, detailing how the domestic assault lawyer near me are to perform their duties, domestic assault charges were withdrawn are instructed to “prosecute domestic violence offenses as vigorously as other serious criminal matters”.

What are assault charges?

Assault Charges. Assault charges can stem from a variety of different circumstances, including: A road rage incident. A fight in a bar. A dispute with a neighbor. Domestic violence. A simple misunderstanding that develops into a physical altercation.

Is assault a misdemeanor?

Assault. Depending on where you live, and on the specific circumstances of your case, an assault charge can be a misdemeanor or a felony. Many people do not realize it, but a charge of simple assault can be turned into assault with a dangerous weapon or felonious assault based on just a few small things. The difference between being charged ...

What Is the Meaning of Assault?

Before deciding of pressing charges for assault is the right course of action, learn more about what it means. Most people believe that assault involves causing physical harm to someone, but this is not always the case. The actual definition might come down to a few factors.

What Are the Different Types of Assault?

It might come as some surprise that most jurisdictions separate assault cases into multiple categories. As is the case with defining assault, how you categorize it comes down to the jurisdiction in which it takes place. Here are some of the many categories you might encounter if you are seeking to press charges for your assault.

What Is the Legal Process for Pressing Assault Charges?

How you handle assault in a courtroom depends on whether you plan to press charges, sue for damages or both. If you want to press charges, the first step is seeking medical attention, if necessary, and calling the police. You should also try to encourage eyewitnesses and other victims at the scene to remain until the police arrive.

Do You Need a Lawyer To Press Charges for Assault?

Whenever you decide to take any actual or potential legal action, consulting with an attorney is important. There is no such thing as a guaranteed cut-and-dry case. For instance, the accused person might allege that you verbally assaulted them first and that they only reacted to defend themselves.

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How Much Does This Cost?

We don’t charge you to be connected. Some legal categories require upfront fees while others do not. The legal professional will determine this with you before you commit to anything.

George White

I get this question a lot. Let me explain Larrys answer. No one files charges on a criminal charge. Its always The State of Texas vs someone. If that were possible then we could not have any murderers. The dead person could never file charges. All you are is the complainant or victim. The police arrest you, not you.

Gary Churak

Make a police report and state you want to press charges. The State will handle the rest

Larry Lex Johnston

You need a lawyer called the District Attorney. First, you should call the police. Not sure of the non-emergency number, but the emergency number is 911. The reason that you only find defense attorneys is that we are the only ones that advertise.

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