See my sex offenses page for penalties for sexual assault and aggravated sexual assault. The Texas Code of Criminal Procedure allows for certain legal defenses against a criminal charge of assault or aggravated assault, and if we are unable to argue that you did not commit the assault, we may choose one of those affirmative defenses. First, we can explore defenses that include disputing whether or not any assault in the legal sense took place or if the court can sufficiently prove it took place.
And if there is evidence of an assault, what is the evidence that you committed it? Eyewitness testimony can be questioned if that is the supporting basis for the assault charge.
Alternately, an affirmative defense — a defense in which you admit doing it, but argue that you had a legal reason — in an assault case could be that you believed the assault was necessary to prevent the person from harming you or someone else or to prevent the person from stealing your property.
Any type of indictable offense in New Jersey is equivalent to a felony in other states. The penalties for aggravated assault in NJ are generally more severe than the penalties for simple assault. Although simple assault is the least severe of assault crimes in New Jersey, that does not mean that it carries light penalties.
The consequences for simple assault include:. Like any other crime, any person convicted of simple assault will have a permanent criminal record. This could make it much more difficult for that person to obtain employment, secure housing, and be eligible for certain academic opportunities. These are extremely difficult consequences to live with, so it is important that you speak to a New Jersey simple assault lawyer who can craft a smart strategy for fighting the charge against you.
The most common defenses include:. To tell us your story and discuss the potential defenses in your case, please call us today. The consultation is free and confidential. At your arraignment, the court charges you based on crimes outlined in Connecticut General Statutes. Your charges will reflect what law enforcement officials perceive as valid evidence from victims and witnesses. Your charges determine the court where your case will be heard as well as the nature and extent of any potential punishment.
Your case moves forward through a series of hearings. So each hearing presents an opportunity for prosecution and defense to review the evidence and examine the chances of proving the charges against you. Hearings allow an exchange of information.
They encourage case resolution via plea deal, dismissal, or other negotiated outcomes. You will have several opportunities to resolve your assault case prior to trial. Thus, if you reach a plea agreement, the court will finalize the details at a hearing. A judge or jury will decide your guilt or innocence and determine your punishment. Contact Sadler Law Group at or complete our contact form to schedule a consultation. We would like to hear from you. Please send us a message by filling out the form below and we will get back with you shortly.
Facebook Twitter LinkedIn. Your Arraignment A lot of activity takes place at your arraignment hearing. Hearings Your case moves forward through a series of hearings. Resolving Your Case You will have several opportunities to resolve your assault case prior to trial. Contact Us We would like to hear from you. Name First. In order to get a first-time assault conviction, the prosecution must prove assault involving one of these three scenarios beyond a reasonable doubt.
Generally, if you are convicted of simple assault touching with the intent of injuring or provoking, it will be charged as a class 3 misdemeanor, while if you are charged with an assault involving a threat of injury, you may be charged with a class 2 misdemeanor.
If you actually injured someone, you will likely be charged with a class 1 misdemeanor. Being convicted carries a punishment of up to six months in jail. If you are charged with first-time aggravated assault, you are facing felony charges. Typically, these are class 3 or class 4 felony charges, so the punishments are more severe, and you are more likely to go to prison, even for a first offense.
There are many different factors that may turn a simple assault into an aggravated assault. One of these is when a serious physical injury or disfigurement is a result of the assault.
For example, even if you did not mean to hit someone hard, if the result is that the person will spend their life with a scar on their face, you may be charged with aggravated assault.
Similarly, if you use a deadly weapon to make someone afraid, you may be charged with aggravated assault. Another circumstance that may result in first-time aggravated assault charges is when the victim is a police officer, a teacher, a prosecutor, a fire fighter, or a member of certain other professions.
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