what kind of attorney deals with assault charge

by Dr. Esmeralda Hodkiewicz 4 min read

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.

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.

Full Answer

How much does a lawyer cost for an assault charge?

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.

Do I need a lawyer for a simple assault charge?

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 …

Do you need a lawyer 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.

How long do you have to charge someone with assault?

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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.

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