what type of lawyer would handle a simple assault case

Do I need a lawyer for an assault charge?

Simple Assault Defence Lawyer. If you are facing a Simple Assault charge, you must act quickly and find a Simple Assault Criminal Defence Lawyer who can help clear your name and significantly reduce the risk of your charges being upscaled to an indictable offence. At What The Law, our experienced Simple Assault Lawyers are always willing to take on the most …

What to do if you are charged with simple assault?

Apr 02, 2019 · 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 does a civil assault and battery lawyer do?

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 …

Why hire a domestic assault lawyer?

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 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 the punishment for simple assault in PA?

Most simple assaults are classified as a second degree misdemeanor in Pennsylvania. An M2 for simple assault is punishable by up to 2 years in prison. In cases where the simple assault results from a mutual fight, it will be a third degree misdemeanor –or M3, punishable by up to one year in prison.

What is simple assault in NC?

A person commits a simple assault in North Carolina when he or she (1) commits an assault (2) on another. While statue does not specifically define "assault," common law creates a clear understanding of assault in North Carolina. According to State v.

Is simple assault a violent crime in NC?

Assault is one of the most common causes of arrests in the Charlotte and Concord areas. Assault is considered a violent crime. It is defined as an attempt or threat of violence, with an actual intention to carry it out, whether or not any physical contact took place.

Can you go to jail for common assault?

Common assault rarely involves a prison sentence but is still considered an offence of violence, and so a criminal conviction for it is to be avoided if possible.Jan 2, 2022

Is simple assault a felony in Pennsylvania?

While simple assault is usually graded as a second degree misdemeanor punishable by up to $5,000 in fines and two years of incarceration, a mutually agreed-upon scuffle is classed as a third degree misdemeanor, which carries the same maximum fine, but only three months in jail.

Can simple assault be expunged in NC?

The 2012 revision to North Carolina's expunction law does allow for most misdemeanor convictions to qualify for expunction after a 15 year waiting period, but any misdemeanors involving an act of violence, such as assault on a female or assault on a government official, can never be expunged if you were found guilty of ...Sep 13, 2013

How long do you have to file assault charges in NC?

North Carolina's criminal statute of limitations is two years for most misdemeanors, and there is no statute of limitations for felonies or crimes classified as "malicious" misdemeanors.Oct 16, 2020

How do I press charges in NC?

There are several ways you can report a crime against you.Call 911. ... Call the non-emergency number for your local law enforcement agency.Go directly to a local law enforcement office.Go directly to the local magistrate's office.

What is the punishment for assault?

Common assault: the maximum sentence is six months' custody. if the assault is against an emergency worker, the maximum sentence is one year's custody. if the assault is racially or religiously aggravated, the maximum sentence is two years' custody.

Is assault a felony?

Simple assault is a misdemeanor punishable by up to six months in jail and fines. Aggravated assault can be a misdemeanor or a felony, punishable by jail or prison, and fines. Assault with the intent to commit a felony is a felony and punishable by state prison and fines.Mar 24, 2022

Can assault on a female charges be dropped in NC?

Never plead guilty to any charge involving violence such as assault on a female as convictions involving violence can generally never be expunged in North Carolina.

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 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 is a criminal lawyer?

Criminal lawyers are attorneys who defend individuals and organizations against government charges in federal and state courts. Criminal lawyers understand the rules around arrest, arraignment, bail, pleas, proof, and related issues. Some of the most common crimes requiring criminal lawyers include homicide, sexual battery and assault.

Why do people go to bankruptcy lawyers?

Some of the most common reasons a person seeks out a bankruptcy lawyer are for medical debt, mortgage foreclosure, and credit card debt. No matter what kind of legal issue you’re facing, there are lawyers who can handle your case, and finding the right one is essential to your peace of mind.

What is a civil litigator?

The general term “civil litigator” refers to an attorney who represents clients in civil (not criminal) court, either as plaintiff or defendant. The most common kinds of civil litigation involve contract ...

What does a real estate attorney do?

Real estate attorneys handle purchase agreements, mortgages, title documents, and transfer documents. They represent individual buyers and sellers, developers, landlords, and tenants. Simply put, the most common scenario to use a real estate attorney is when you buy or sell real estate. Cloud-based real estate law software assists attorneys by facilitating collaborative document management and project tracking in a seamless and secure environment.

What is medical malpractice?

Medical Malpractice. If you’ve been hurt by a medical professional, a personal injury lawyer specializing in medical malpractice can help you seek compensation for the harm done. The most common medical malpractice cases include misdiagnosis, inaccurate treatment, and medical negligence.

What are the types of employment law cases?

Some of the most common types of cases handled by employment lawyers are contracts, wrongful termination, workplace harassment, retaliation, and workplace discrimination.

What is a workers compensation lawyer?

Workers’ compensation lawyers specialize in helping workers navigate the unique laws that apply to people who have been injured on the job. A workers’ compensation lawyer typically has a large number of cases to manage, each with its own deadlines, so look for a firm using a modern cloud-based law firm management system. The Department of Labor administers four major disability compensation programs.

What are some examples of simple assault?

There are a number of crimes that apply to situations where you are in an altercation with another person. Sometimes you do not even have to come into physical contact with the victim to be charged with a crime. For example, you can be charged with simple assault in two situations: 1 Failed Battery Attempt: You attempted to cause serious physical harm to another individual.#N#An example of this is attempting to strike someone, but ultimately not making contact with their body. 2 Threatening Act: You caused an individual to be in fear or apprehension that an imminent battery would occur.#N#An example of this is waving your fists at someone in a way they would believe that you intend to hurt them. You could also use words to deliver the threat.

What to do if you are charged with assault?

If you have been charged with simple assault, you should contact a local criminal defense attorney. Hiring an attorney will give you a better chance of getting a favorable outcome in court. An attorney can review your case and determine if there are any defenses available that could help you get the charges dropped.

What is mistaken identity?

Mistaken Identity: You were not the person who committed the crime; Accident: If the harm was caused because of an accident, then you can argue that you did not intend to commit the assault; Consent: If the victim consented to your actions, then you can argue that you cannot be found guilty for the crime; and.

Is aggravated assault a felony?

Aggravated assault is a different crime that is more serious than simple assault. Some jurisdictions refer to this crime as felony assault because it is usually classified as a felony and can result in a prison sentence.

What is reasonable apprehension?

Reasonable Apprehension: The victim must have perceived that a harm or threat made by the defendant could possibly happen. If the victim does not perceive the threat to be real or directed towards them, then the threat has not created reasonable apprehension and this element will not be fulfilled.

What happens if you get a guilty verdict?

This could include hearing a threat of physical injury and becoming fearful that you would be physically harmed as a result. If the prosecutor fails to even prove one of these elements, the verdict for the defendant should be not guilty. However if you get a guilty verdict you will be sentenced for the crime.

Is simple assault a misdemeanor?

However if you get a guilty verdict you will be sentenced for the crime. Simple assault is considered a misdemeanor in most jurisdictions. The punishments can range from probation, fines or jail time. This will depend on your state’s laws and the severity of the crime.

What is the defense against assault?

One of the most common defenses against simple assault charges is to claim that you were defending yourself, others, or property. It is legal to defend all three of these things, as long as the violence is not extreme, disproportionate, or initiated by you.

How to prove assault?

Simple assaults usually involve threats without a weapon present or the failed attempt to physically harm someone. Convictions will show up on your criminal record.#N#In order to be considered a simple assault, your accuser will have to prove that: 1 Intent: You intended to harm them or threaten to harm them 2 Reasonable apprehension: The victim perceived your intention 3 Harm: The victim was harmed (but did not sustain serious bodily harm) or afraid of being harmed because of threats

What is being labeled as a simple assault?

Depending on the particulars of your case, your defense attorney may also put forward the defense that what is being labeled a simple assault was truly just an accident. With this defense, you admit to having injured someone or that your actions may have been perceived as a threat, but that doing so was accidental, not malicious, and/or unintended.

Can you be convicted for assaulting someone?

Unfortunately, it is possible to be convicted even if the prosecutor fails to demonstrate these three tenets of a simple assault charge.

Lawyer Regarding Assault Charge

Where an assault takes place between two people who share one of these relationships mentioned above, the matter is labeled “domestic” and prosecuted quite differently by counsel than other types of assault charges.

Locate how much does a lawyer cost for an assault charge

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 is a criminal defense lawyer?

Last but not least, a criminal defense lawyer is skilled in handling all stages of a criminal lawsuit. They provide valuable counsel to their clients from the time they are arrested, through the investigation, charging, arraignment and sentencing. Their work isn't quite done if their clients wish to appeal their case. A good criminal defense attorney knows how to navigate the nuances of the law, which allows them to keep their clients out of prison.

Who can consult with constitutional lawyers?

People with advocacies can consult constitutional lawyers if they think their rights have been violated. For instance, non-profit organizations like the American Civil Liberties Union (ACLU) and the National Association for the Advancement of Colored People (NAACP) employ constitutional lawyers to protect minorities involved in a legal process.

Why do we need malpractice lawyers?

Since these are professions that ascribe to a set of standards , they have greater professional responsibilities that may be challenged in the courtroom or in litigation.

What is IP law?

1. Intellectual Property (IP) Lawyers. Any original creative, scientific, or technical invention which may benefit the public has to be protected ...

What is an intellectual property lawyer?

Any original creative, scientific, or technical invention which may benefit the public has to be protected from copycats and duplicates. If you've created an art design, a unique product, a novel, a song or a computer program, you can consult with an intellectual property lawyer for securing copyright, patents, trademarks, and licensing agreements.

What is a family lawyer?

Family Lawyers. These are lawyers who handle all kinds of domestic cases, such as divorce, legal separation, child custody, adoption, paternity, alimony, prenuptial or postnuptial agreements, and emancipation. But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law.

What is a personal injury lawyer?

This lawyer is an expert in tort law, which deals with civil legal liabilities and damages.