what type of attorney do you need if accused of family assult

by Pearlie Kunze 7 min read

If you have been charged with assault and battery, you should immediately contact a well qualified and experienced criminal defense attorney to guide you through the legal process and help you assert any possible defenses.

Full Answer

Do I need a lawyer for an assault charge?

Apr 13, 2022 · If you have been falsely accused of assault and battery you need an attorney who will listen to your side, who isn’t afraid to go to trial, who will bring to light the facts. Mark Thiessen of Thiessen Law Firm is Board Certified in Criminal Law by the Texas Board of Legal Specialization, and has experience giving aggressive defense to ...

What should I do if I am accused of 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.

What does a civil assault and battery lawyer do?

Apr 02, 2019 · If you have been sued for civil assault or battery, you should consult with a well qualified and knowledgeable personal injury defense attorney to evaluate if the claims made against you have merit and help you assert any available defenses you may have. Further, they will be able to represent you in a court of law, if necessary.

What should I do if I am falsely accused of molestation?

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 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

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Can assault charges be dropped by the victim in NC?

In many types of criminal cases a victim of a crime can request for charges to be dropped and the offender can avoid penalties. 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.

What is a 243 charge?

California Penal Code Section 243(e)(1) — California's law on domestic battery – defines this offense as a “battery” committed against a person with whom you have an intimate relationship1. You commit domestic battery if you willfully or unlawfully touched an intimate partner and inflicted force or violence.

What is the statute of limitations on domestic violence in California?

Before SB 273 was signed into law, alleged domestic violence victims were given one year to file charges for a misdemeanor domestic violence offense and three years to file charges for a felony domestic violence offense. Under the new bill, this statute of limitations has increased to five years.Dec 21, 2021

Is PC 242 considered domestic violence?

Obviously, a Penal Code 242 is a lot better than having a domestic violence conviction on your record. Yet another less serious charge is domestic battery defined under California Penal Code 243(e)(1). While this is a domestic violence charge, it's a misdemeanor case that doesn't involve visible injuries.

Does assault have to be physical?

Common assault is when a person inflicts violence on someone else or makes them think they are going to be attacked. It does not have to involve physical violence. Threatening words or a raised fist is enough for the crime to have been committed provided the victim thinks that they are about to be attacked.

What is a 242 PC?

Battery under California Penal Code Section 242 PC is a frequently-filed criminal offense that involves any intentional and unlawful physical contact on another person.

What is Phoenix Act?

I. SB 273: What is it? “This bill would authorize prosecution for that crime to be commenced within 5 years. The bill would apply to crimes that are committed on or after January 1, 2020, and to crimes for which the statute of limitations that was in effect prior to January 1, 2020, has not run as of January 1, 2020.

What crimes have no statute of limitations in California?

Crimes Without a Statute of Limitations No time limit exists for crimes punishable by death or a life sentence, such as first-degree murder and treason. Other crimes with no limitations period include embezzlement of public money and felony rape offenses involving force or violence.

Is domestic violence a strike in California?

Domestic Violence as a Strike Offense There may be cases where a domestic violence offense can be considered a strike under California's Three Strikes Law. A conviction for a strike offense results in heightened sentences and can be used to enhance future convictions.

What is the difference between assault?

Assault and battery are separate and distinct crimes. The main difference between the two offenses is that while an assault does not necessarily involve any actual physical contact with another person, a battery does. An assault occurs when a person commits an act that may inflict physical harm on someone else.Jan 21, 2022

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

What is the difference between assault 240 PC and battery 242 PC?

PC 240 assault is conduct that might inflict harm to a victim; PC 242 battery is someone inflicting actual force or violence.Jan 13, 2021

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 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.

What are the elements required to prove civil battery?

In order to succeed in a civil suit for battery, you must typically prove the following elements: That there was a harmful or offensive intentional act made by a defendant; That resulted in a touching or application ...

What happens when a defendant disproves one of the required elements?

Thus, when a defendant disproves one of the required elements, the charges or claims against them will fail.

What are the elements of a civil assault?

The elements that must be proved in order for a plaintiff to succeed in a civil suit for assault are as follows: There must be an intentional attempt or threat to inflict injury on a person.

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 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 ...

How to defend yourself against assault?

If you have been accused of assault, the first thing you should do is realize that this is a serious criminal offense and it should not be taken lightly. Defendants should never think that because they are innocent, they could never be found guilty. Many innocent people get convicted of crimes they did not commit. Therefore, it is important to take the necessary steps to defend yourself. These might include: 1 Prepare for the cost of your defense. Unless a court determines that you cannot pay for the cost of your defense (and gives you appointed counsel), you will need to hire a lawyer. It is never a good idea to represent yourself in a criminal matter. 2 Preserve evidence and document your case. Write down the details of the events, and preserve any physical evidence. Make a list of all potential witnesses that may be able to help your case. 3 Educate yourself. You're about to become part of the criminal justice system. It's a good idea to learn a little about what to expect. 4 Know your rights. If you are questioned by the police, you have the right to remain silent. It is in your best interest not to answer any questions without the advice of legal counsel.

How to represent yourself in a criminal case?

It is never a good idea to represent yourself in a criminal matter. Preserve evidence and document your case. Write down the details of the events, and preserve any physical evidence. Make a list of all potential witnesses that may be able to help your case. Educate yourself.

What is assault crime?

An assault is a crime that's defined in different ways, depending on the state. Under one approach, it involves intentionally making another person feel that they are about to be physically harmed, or trying to hit or strike someone but missing. Actually connecting is called a "battery.". No actual physical injury is needed to establish assault ...

How to become part of the criminal justice system?

Educate yourself. You're about to become part of the criminal justice system. It's a good idea to learn a little about what to expect. Know your rights. If you are questioned by the police, you have the right to remain silent. It is in your best interest not to answer any questions without the advice of legal counsel.

Why do lawyers take the accusations lightly?

This is because they often take the accusations lightly. Their innocence tends to blind them from seeing the imminent danger. With such an attitude, they often prison without knowing it. Eventually, the lawyers will have a hard time proving your innocence.

What to say when accusing someone of a crime?

Many clients usually say ‘If I just have a few words with the accuser, I may save myself.’ We have never seen that turn out well. Once you are accused, such thoughts should be discarded from your mind immediately. Having any contact with your accuser can make matters worse than they are. By doing that, you will be helping the complainant to build a strong case.

How do plea deals reduce sentences?

Most plea deals tend to reduce your sentence. No matter how good the plea deal is, try and avoid it as much as possible. Any great lawyer will tell you to keep off the plea deal and take your chances. You might end up taking a plea deal, and yet you would have won the case.

What to say when arrested in court?

During your arrest, the police will read your rights as they handcuff you. The only phrase to pay attention to is ‘You have the right to remain silent.’ As lawyers, we always advise our clients to make use of that rightfully. Keep your mouth completely shut. This is because anything you say can and will be used against you in the court of law.

What does a good attorney look for in a case?

A good attorney will look at every angle and collect all the evidence without living any behind. These include text messages, call logs, and anything to prove you are being accused falsely. This is the only way you will be able to prove that you are not the perpetrator.

How to avoid making matters worse?

This is because anything you say can and will be used against you in the court of law. To avoid making matters worse, simply ask for a lawyer. So far, those are the only words you should utter. Exercising this right will give us an easy time when dealing with the case.

Do lawyers know which stones to turn?

They tend to know which stones to turn and which ones not to. They will also know if you are too incriminated for them to take a deal. Any move your lawyer takes will be critical to the case. Those are just some of the benefits of a good lawyer when being falsely accused. There are quite many more.

Who is the most important witness in an assault case?

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.

What are the different types of assaults in Arizona?

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.

What is a class 1 assault in Arizona?

Under that, there is an assault where a person intentionally, knowingly or recklessly causes a physical injury to another person.

What is the third type of 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.

What is the second type of aggravated assault?

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, ...

Is aggravated assault a 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.

What happens if you are falsely accused of child abuse?

When you are falsely accused of child abuse, rape, or domestic violence you are facing a high probability of criminal charges, and if you are facing criminal charges in one of these areas you are facing a very high probability of conviction unless you take strong steps to prevent the issues from getting out of hand.

Is a lawyer good at drug cases?

Attorneys good at drug cases or speeding tickets, or good at representing women in custody cases, but who you may learn the hard way will send you down the toilet because they aren’t good on the kind of case YOU have. You should begin by checking out the lawyer you are considering hiring.

Can you defend yourself from ignorance?

You can’t help defend yourself from a place of ignorance. You’ll need to educate yourself on the subject area of the allegations you are facing. When your team tells you that you need to do “A” it is important that you understand why you need to do that.

What to do if you are falsely accused of molestation?

If you are falsely accused of molestation or other inappropriate sexual behavior with a child, you should also: gather and preserve any physical evidence in your possession that might relate to the alleged victim and your relationship with the victim (clothing, photos, videos, and objects) gather and preserve any documents or records ...

What to do if you are accused of inappropriate contact with a child?

The moment that you learn of accusations that you have had inappropriate contact with a child – even if you hear only rumors – you should contact an attorney for information and advice on what to do. Remember, communication between an attorney and a client is protected by attorney-client privilege, which means that any private conversations with an attorney are confidential and cannot be shared with anyone else or used against you in a criminal proceeding. Besides advising you, an attorney can immediately begin communicating on your behalf with anyone trying to question or contact you about the accusation.

What is false accusation?

False accusations can be intentionally false accusations by an adult or a child or allegations based in error – for instance, because a child misunderstands something an adult does or because an adult misunderstands a child's description of an event. False accusations also can arise because another person misinterprets an adult's relationship ...

What is the charge against a child for inappropriate sexual behavior?

Accusations of inappropriate sexual behavior with a child – whether by a child, a parent or other family member, or a third party – are a very serious matter. Such accusations often lead to criminal investigations and referral to a child welfare or protection agency, and can result in criminal charges against the person being accused, ...

What does a criminal defense attorney do?

An attorney can: advise you of all your legal rights as a criminal defendant.

What is the importance of investigating child sex crime charges?

In investigating child sex crime charges and preparing a defense, it is important to explore certain issues, including: whether the child is lying, has been aggressively coached on what to say , or misunderstands what happened. whether the child intentionally or mistakenly identified the wrong person as the offender.

How to convince someone they are wrong?

initiate conversation with the victim or the victim's family, especially to convince them they are wrong. give any evidence to law enforcement or a child welfare or protection agency without consulting with a lawyer first – even if you believe the evidence will show you are being wrongly accused.

What a Child Abuse lawyer can do for you

If a child has been the victim of emotional, physical, or sexual abuse, a child abuse lawyer can help you figure out the right child custody, visitation, or guardianship to protect the child. If you are accused of child abuse, a child abuse lawyer can also determine the best strategy to defend against the charges or clear your name.

Why hire a Child abuse attorney

A child abuse lawyer understands issues related to child abuse and neglect, and child physical or emotional abuse claims can arise in a variety of contexts and motives. Sometimes the young victim tells a relative, who then files a lawsuit; at other times, a government agency such as Child Protective Services may press charges.

Did you know?

About 30% of abused and neglected children will later abuse their own children, therefore continuing the cycle of abuse.

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