Regardless of the circumstances that prompted assault charges against you, it is always in your best interests to retain an attorney who has a track record with defending those accused of assault. Your freedom could be at stake - connect with an attorney immediately when you are charged with assault.
A civil assault and battery lawyer helps victims sue for money damages from the assailant. Use FindLaw to hire a local civil assault and battery lawyer to get compensation for medical expenses, emotional distress, or pain and suffering.
How much does a lawyer cost for an assault charge? Experienced MN Criminal Defense Attorney Most top notch MN criminal defense lawyers will charge retainers of $5,000 to $100,000 depending on the type of assault charged and the level of injury. Most assault cases are prosecuted in state court.
Many people tend to believe that it’s practically impossible to win an assault lawsuit because of the complex legal process that comes along with it. Here at JML Law, we know the ultimate formula to winning an assault lawsuit:
The purpose of a civil lawsuit is to provide compensation to the victim, to be paid by the perpetrator.
A wrongful act (intentional or otherwise) usually requires " damages " (injury or harm of some kind) in order to be actionable, and assault cases are no different. In an assault case, damages can include physical injuries and the cost to treat those injuries, lost income, and other more subjective harm. Here's a breakdown of the different kinds of damages that may result from an assault.
If you are going to file an assault lawsuit, there are a few main elements you must be able to prove: an intentional action on the part of the defendant. the defendant's intention to cause apprehension of harm, and. your resulting reasonable apprehension of immediate harm.
Punitive damages for assault are designed solely to punish the assailant, and are only available in certain jurisdictions and under certain circumstances. As a general rule, an assault must be particularly outrageous or egregious to trigger the possibility of punitive damages.
Most people likely think of "assault" as a crime, but it's also the kind of wrongful act that can form the basis of a personal injury lawsuit. Here's what you need to know.
That's because no liability insurance policy will cover an intentional act like assault, so only the defendant will be on the financial hook. If you sue a defendant who has little in the way of assets, you'll soon find out that winning money in court isn't the same as collecting it.
The simple fear of a harmful or offensive touching is usually enough for an assault to have occurred; if the touching actually occurs, the physical contact is usually considered a " battery " in civil law, although both claims are often made together. Learn more about assault and battery as personal injury claims.
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.
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 ...
For a prosecutor, the most important witness to in an assault case is the victim, the person who was allegedly assaulted, because that person will be their star witness. Most times in an assault on civilians the victim is really the entirety of the case. If there were any witnesses present, then those people will also be important.
The second type of aggravated assault is when someone uses a deadly weapon or a dangerous instrument, like a gun, a knife, a bat, a bottle or anything that is dangerous or deadly. The third type of aggravated assault is when a person commits the assault using any force that could cause a temporary but substantial disfigurement, ...
Under that, there is an assault where a person intentionally, knowingly or recklessly causes a physical injury to another person.
There are numerous types of different assaults In Arizona. Under the statute, there are misdemeanor assaults and then there are felony assaults. There are misdemeanor domestic violence assaults and felony domestic violence assaults as well. There is a class 1 misdemeanor assault, a class 2 misdemeanor assault, and a class 3 misdemeanor assault.
The third type of assault is when someone knowingly touches another person and their intention is to injure them, insult them or maybe even provoke them. It is a class 1 misdemeanor assault when someone intentionally, knowingly and recklessly causes a physical injury to someone.
It is a felony if someone is retrained, bound or held down by something and someone hits, kicks or punches them. The fifth type is when a person commits the assault after entering a private home with the intent to commit assault, which is an aggravated assault or felony.
All aggravated assaults are felonies and there are different levels of felonies. An aggravated assault is when a person causes a serious physical injury to another person. The difference between the felony and the misdemeanor is that the felony involves a serious physical injury, like a broken bone or something that is life-threatening.
Some types of strong evidence needed for assault charges include police reports, testimony from eyewitnesses, medical records (if applicable), and various other items that may be relevant to the assault incident.
Some examples of assault may include: 1 Attempting to spit on the victim; 2 Miming the act of hitting, punching, or kicking the victim; 3 Brandishing a deadly or non-deadly weapon in a manner that suggests the victim will be hit with that object; and 4 Pointing a gun at the victim, regardless of whether it is loaded or not.
Defendants who are convicted of committing a felony assault may need to serve a sentence of one year or longer in a state prison facility and might have to pay an increased amount of criminal fines that could range from anywhere between $100 to over $5,000.
An easy way to remember the difference between the two is that battery requires the use of force and actual contact, whereas an assault needs the victim to reasonably believe or be aware that they are in danger of imminent harm, even if no physical injury occurs .
What Is Assault? In a criminal law context, the term “ assault ” generally refers to the criminal act of intentionally placing another individual in reasonable apprehension of imminent bodily harm or offensive contact.
Although this definition is subject to change based on the laws of the jurisdiction hearing the case, the standard case for assault is as follows: The defendant must have intended to create a state of apprehension or awareness in the victim.
Misdemeanor crimes can carry a sentence of up to one year in a county jail and some amount of criminal fines (usually no more than $1,000). Other types of assault, such as aggravated assault or assault with a deadly weapon, may result in felony charges.
There are three possibilities for third degree assault, all of which carry a prison sentence of up to 5 years and/or up to a $10,000 fine. First, if substantial bodily harm occurs. Second, if the assault is of a minor (child abuse) and the offender has a history of abuse against the minor.
Most top notch MN criminal defense lawyers will charge retainers of $5,000 to $100,000 depending on the type of assault charged and the level of injury. Most assault cases are prosecuted in state court. The retainer a attorney charges largely depends on the seriousness of the case.
From first to fifth degrees, they are governed by Minnesota Statutes 609.221, 609.222, 609.223, 609.2231, and 609.224, respectively. First degree assault has two possible offenses. The first is an assault inflicting great bodily harm, which may be punished by a maximum of 20 years and/or a fine of up to $30,000.
Second degree assault occurs when a person assaults another with a dangerous weapon and carries a sentence of up to 7 years in prison and/or up to a $14,000 fine. If substantial bodily harm results, the sentence is up to 10 years in prison and/or up to a $20,000 fine.
The sentences could be up to 3 years in prison and/or up to a $6,000 fine.
The sentence depends on the facts. Assault with intent to commit murder, for example, carries a sentence of up to 20 years. Assault by wounding another carries a sentence of a fine and/or up to 6 months in prison.
Fifth degree assault can be a misdemeanor, gross misdemeanor, or a felony. The misdemeanor level is when a person intentionally causes another to fear immediate bodily harm or death or when a person intentionally causes or tries to cause bodily harm to another.
Testify on your own behalf. If necessary, take the stand yourself and tell the story of the incident from your point of view. Sometimes, with assault charges, you may be your greatest defense. Intent is a major element of assault, and it deals with thoughts in your own head.
The man refuses to back off and you nearly have to punch him, but security intervenes and drags him out. If that man later charges you with assault, you have several possible defenses. If his assault charges include the drink being spilled, you obviously do not have the requisite intent because that was an accident.
After the prosecutor presents the state's case, you will have the opportunity to present your case and have witnesses speak about your side of the story. As with the witnesses for the prosecution, the prosecutor also has the opportunity to cross-examine your witnesses.
Understand the prosecutor's burden of proof. The prosecutor must prove that you are guilty beyond a reasonable doubt, which is a very high standard. You do not have to prove that you didn't do anything.
In any jurisdiction, to be guilty of assault, the prosecutor must show that you were acting in a deliberately threatening manner that gave the other person a reasonable fear of immediate bodily harm. That fear cannot be a result of your general reputation, or because of a past event.
The biggest issue is intent: You must intend to cause someone harm to be guilty of assault. Your defenses fall into two major groups: either you argue you didn't commit the offense at all, or you argue that you did commit the offense, but it was for a good reason. Steps.
Affirmative defenses have their own elements. For example, if you're claiming self defense, you must show that it is more likely true than not true (called a preponderance of the evidence standard) that there was a threat of force or harm against you, that you feared you were about to be harmed.
In legalese, assault is an intentional act or an attempt by an individual to harm another individual (s) or act in a threatening manner to cause fear of imminent harmful contact. Meaning: the physical touch itself doesn’t necessarily have to occur in order to constitute an assault.
In October, a man was convicted of assault with a deadly weapon after a bloody confrontation near Lake Elsinore. He was acquitted of an attempted murder charge. A bizarre, political-charged incident took place in September when a UC Riverside student snatched a ‘Make America Great Again’ hat from her classmate’s head.
Although many believed the MAGA hat incident could amount to assault given the female student’s rather aggressive behavior, the pro-Trump student refused to press charges because he eventually got his hat back.
If the person who was assaulted is under 16, the maximum imprisonment can increase to one year. If the assault leads to ‘serious’ injury, the prison sentence can be as high as 10 years. The injury is deemed to be serious if there is substantial risk of death; extreme pain; and continued and obvious disfigurement.
Contact is usually not needed for an assault charge, being convicted of assault still has the need for a criminal act to occur. The type of acts that define assault vary, but usually an assault requires an act that would put a ‘reasonable person’ in fear of their safety. Spoken words normally are not enough to be defined as assault, unless the offender backs up the words with an act that puts the victim in fear of harm.
In US criminal law, assault is usually listed with battery, as in ‘assault and battery.’ But assault is a separate charge from battery. Assault is generally defined as attempted battery. It also can be defined as intent to create a reasonable apprehension of harm. Assault essentially refers to situations where a person creates a fear of harm in another party.
Many assault crimes are prosecuted at the state level, but there also are federal laws covering the crime of assault. Under federal law, an assault is defined as an effort to hit another person, or engaging in an act that causes the other person to expect they could be harmed. Under federal law, throwing a punch or intentionally pointing a firearm at another person could be assault.
To commit assault, you need to have had ‘general intent.’ This means that you cannot assault someone on accident, but it is enough to show that you intended the actions that constitute the assault. If you act in a way that is thought to be dangerous to other parties, this can be enough to have you charged with assault.
Aggravated assault is considered a felony and often involves assault with a deadly weapon, or with intent to commit another felony such as rape. Some states’ assault laws specifically name the aggravating factor i.e. assault with a deadly weapon.