what kind the lawyer u need to see for simple assault

Victims who have been harmed by an aggressor in an assault should hire a personal injury lawyer. The attorney will be able to help you pursue a lawsuit against the aggressor for the physical and mental damages they have caused. If you are the one being accused of assault or battery, look for a criminal defense lawyer to represent you.

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Why should I hire a simple assault lawyer?

Jan 16, 2020 · You will need to contact a criminal defense attorney if you are charged with simple assault. It is best to have someone explain all of your options and defenses in dept. You may also be facing a fine and or jail time. It is best not to go into this situation without the professional help of someone trained in this area. Jose Rivera Managing Editor

What should I do if I am charged with simple assault?

You've come to the right place. If you have been threatened with physical harm, hit, or otherwise touched when you didn't want to be, a civil assault and battery lawyer can help. 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 …

What does a civil assault and battery lawyer do?

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. Regardless of the circumstances that prompted assault charges against you, it is always in your best interests ...

What are the plea options for a simple assault charge?

If you are charged with simple assault, you should contact an attorney immediately to discuss your options. A local attorney will be familiar with the prosecution policies in the local courts and with sentencing and diversion programs that might be available to you.

What is the minimum sentence for simple assault in PA?

The penalties for simple assault under Section 15.66 of the Pennsylvania Code are as follows: As a misdemeanor of the first degree, the penalties include up to a $10,000 fine and up to 5 years in prison. As a misdemeanor of the second degree, it's punishable by up to a $5,000 fine and up to 2 years behind bars.Nov 28, 2016

What is the punishment for simple assault in NC?

Simple assault. Simple assault is a Class 2 misdemeanor. If you have no prior convictions, the sentence could involve probation or up to 30 days in jail. If you have been convicted of this offense in the past, the judge could sentence you to 60 days in jail, and you may be required to pay a fine of up to $1,000.

What is categorized as simple assault?

Simple assault refers to the threat or attempted injury of another individual. Despite no physical contact, bodily injury, or battery being required, simple assault is still a serious crime and considered an act of violence.

Can someone go to jail for assault?

Common assault carries a maximum penalty of six months in prison and/or a fine or community order. A prison sentence is generally reserved for cases where serious injury was caused, and higher culpability is present.

Can assault charges be dropped in NC?

In the case of assault, the charges are brought forth by the “State” prosecution. Due to this, a victim of assault will not have the ability to drop the charges. It will be up to the prosecution to determine if a plea deal will be offered.

How serious is a common assault charge?

Common assault is the least serious of the assault charges. It is governed by s39 of the Criminal Justice Act 1988. Whether you will go to prison for a common assault first offence depends on a number of factors. All offences before the courts have sentencing guidelines.

Does slapping count as assault?

Slapping someone involves the physical contact of hitting your hand across another person's face or other part of their body. The physical contact itself makes the act assault, but it would most certainly be considered assault if there was force in the slap.

What does verbally assaulted mean?

Verbal assault means any statement or act, oral or written, which can reasonably be expected to induce another person to be in apprehension or danger of bodily injury or harm, or the use of offensive language directed at a person, where such language is likely to provoke a reasonable person to physical violence.

What is domestic violence?

Domestic violence. A simple misunderstanding that develops into a physical altercation. 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.

What is the difference between a misdemeanor and a felony?

The difference between being charged with a misdemeanor or a felony often hinges on the skills of the criminal law attorney who you have hired. 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.

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 to do if you are charged with assault?

If you are charged with simple assault, you should contact an attorney immediately to discuss your options. A local attorney will be familiar with the prosecution policies in the local courts and with sentencing and diversion programs that might be available to you.

What is assault crime?

In some states, the crime of assault consists of threatening behavior and does not involve any physical touching. Under this definition, a person commits an assault if he threatens another person with immediate bodily harm by behavior or statements, appears to have the ability to carry out the threat, and causes the person to feel fear. An example of this type of assault is an able-bodied man yelling moving closer and closer to another person (perhaps with a drawn fist or a knife within reach) and yelling that he will cut, hit, or otherwise physically injure the person.

What is a plea agreement in an assault case?

Under a typical plea agreement, the defendant pleads guilty or no contest to one or more charges and the parties agree on a proposed sentence to present to the judge. The judge ultimately determines the appropriate sentence, but usually will follow reasonable agreements between the prosecution and the defense. (If a defendant pleads no contest, he does not admit guilt or dispute the charges. A no contest or "nolo contendre" plea is a statement that the defendant does not contest the charge.)

What happens if you don't plead guilty to a crime?

Some states and local courts have diversion programs, under which the defendant does not plead guilty or no contest and does not go to trial, but agrees to participate in the program and complete all its requirements (possible requirements include counseling, staying off drugs or alcohol, finding employment, and reporting to a probation officer). If the defendant completes the diversion program successfully, the charges are dismissed. These programs often require the defendant to agree to an automatic guilty plea if the defendant fails to complete the program. The defendant may even be required to sign a statement of guilt in advance, which the prosecution can enter against him if he fails to comply with or complete the program requirements.

Can a defendant agree to spend time in jail?

In some cases, the defendant may have no choice but to agree to spend some time in jail. Circumstances in which a prosecutor may require an agreement to a jail sentence can include:

What happens if a defendant completes the diversion program?

If the defendant completes the diversion program successfully, the charges are dismissed. These programs often require the defendant to agree to an automatic guilty plea if the defendant fails to complete the program.

Can a person go on probation without time in jail?

If the defendant has no criminal record or very little criminal history or there are mitigating circumstances, or both, the prosecutor may agree to the defendant serving his entire sentence on probation with no time in jail, and even agree to the charges being dismissed once the defendant completes probation. This often is referred to as a deferred sentence in which the court does not enter a conviction unless the defendant commits another crime while on probation or otherwise fails to comply with terms of probation.

What to do if you are charged with assault?

If you have been charged with criminal assault or battery, you should contact an experienced criminal defense attorney immediately. They will be able to help you assert any available defense to the charges brought against you, defend you in court, and guide you through the entire criminal process.

What are the defenses to assault and battery?

The following is a list of defenses that may apply to civil or criminal assault and battery charges: 1 Self-Defense: The most well-known defense to assault and battery is that the defendant was acting in self-defense. This means that the defendant was the person initially attacked by the plaintiff and committed assault or battery to protect themselves. This may also open the plaintiff to a counter-suit for assault and battery by the defendant. Further, a person may also use reasonable force to defend another person in some cases; 2 Privilege: Some defendants may have a privilege to commit an assault or battery in some cases. For example, police officers have a privilege to use force to place a suspect under arrest; 3 Consent: In some cases a plaintiff may have consented to being in a place where the plaintiff would be assaulted or touched. For example, if the plaintiff was actively participating in a contract sport or at a sports event where the possibility of being hit by an object was a known risk, such as at a baseball game; or 4 Denial of Elements: As noted above, a victim must be able to prove all of the required elements of an assault and battery. Thus, when a defendant disproves one of the required elements, the charges or claims against them will fail.

What is victim compensation?

Victim compensation funds are provided through a government program in order to reimburse victims of violent crimes, such as assault or battery, as well as their families for out-of-pocket expenses and medical bills. Every state has some sort of victim compensation program; thus, it is important to look up the requirements for receiving funds ...

How long does it take to respond to a civil lawsuit?

This means that you will have to legally respond to a civil lawsuit, once served, typically within 30 days, and deny the charges or assert any defenses available to you.

What is privilege in criminal law?

Privilege: Some defendants may have a privilege to commit an assault or battery in some cases. For example, police officers have a privilege to use force to place a suspect under arrest; Consent: In some cases a plaintiff may have consented to being in a place where the plaintiff would be assaulted or touched.

Is assault and battery a criminal offense?

However, every state also has criminal statutes for assault and battery. This means that both acts can result in prosecution by state courts, which may result in fines and jail time for the aggressor. Although both civil and criminal assault and battery share similar legal requirements of proof, many criminal statutes may vary ...

What happens if you don't plead guilty to a crime?

Finally, if there is no plea bargain a preliminary hearing will be held where a judge will determine whether there is sufficient evidence to charge you with a crime.

What is the difference between assault and wrongful act?

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.

What are the elements of 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.

Does liability insurance cover assault?

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.

What is economic damages?

Economic damages are designed to reimburse you for any costs and expenses associated with the assault. Common components of economic damages include medical bills (including cost of future care) and lost income.

What is punitive damages?

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.

What is the purpose of a civil lawsuit?

The purpose of a civil lawsuit is to provide compensation to the victim, to be paid by the perpetrator. If the person who assaulted you doesn't have significant assets, there may not be much to recover, even if you're "awarded" a high amount in court.

Is assault a crime?

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.

What is simple assault?

The important thing about simple assault is, it mostly happens as a result of the sudden anger caused due to some circumstances like a heated discussion or a fight leading to use of violence against the other and causing injury.

How long is a simple assault sentence?

Unless it is a repeat offense (multiple times) or you already have a long criminal record, conviction for a simple assault will most probably be a two year sentence with probation.

What happens if you are a student?

If you are a student, you may incur some disciplinary action from the school or university authorities as a result, if you are an employee you may lose your job etc. Your family life may be ruined as well. All this is of course apart from the loss of reputation that happens in the society which is more important.

Is assault a misdemeanor?

Though the legal definition of simple assault varies from state to state, the broad base subscribes to it being an act of misdemeanor. When a person commits an act of violence against another, causing injury, it is usually considered as a simple assault.