An assault case can have serious consequences, both now and years into the future. Depending on the severity and outcome, assault can impact your
Assault cases can move quickly. If you have been arrested or charged, or believe you are a suspect in an assault case, you need experienced representation right away – preferably before you talk to the police. Our attorneys can help with every stage of your case. In the early stages, this can include helping you decide whether and how to give a statement to the police and helping you get out and stay out of jail. We will review all of the prosecutor’s evidence, and often use an investigator to gather evidence and witness statements of our own. We will help you decide whether you want to try to resolve your case or prefer to take it to trial. Whatever you choose, we will work to get you the best possible outcome.
Assault is defined by statute to include
Importantly, assault does not require that you physically strike the other person.
The severity of an assault charge depends on a number of factors, including:
Use of a dangerous weapon will increase the severity of an assault charge. This includes firearms and traditional weapons, but also includes any object used “in a manner calculated or likely to produce death or great bodily harm.
An assault which causes substantial or great bodily harm can result in more severe charges and penalties.
An assault can carry enhanced penalties when it is committed against certain people while they are performing official duties, including law enforcement and first responders, certain criminal justice professionals, certain public employees, postal service or utilities workers, or transit operators. An assault against a vulnerable adult can also carry increase penalties, as can some assaults against children.
A person with a prior qualified domestic violence-related offense can face more significant charges or potential penalties than a person who does not.
An assault committed because of someone’s actual or perceived race, color, religion, sex, sexual orientation, disability, age, or national origin is subject to an enhanced penalty range.
Assault can be a misdemeanor, gross misdemeanor, or felony. A felony assault conviction can carry a prison sentence. Any assault conviction carries the possibility of jail or mandated community service, fines, probation, and court-mandated treatment or programming. Many assault convictions result in a temporary or permanent restriction on your right to possess firearms.
In addition to court-imposed penalties and restrictions, an assault conviction can have collateral, out-of-court, impacts on your life. An assault charge or conviction will typically show up on a background check, which can restrict your employment and volunteer opportunities.
An assault is domestic when it is committed against a family or household member. There are often unique considerations which apply in domestic assault cases.
An assault is domestic when it is committed against a family or household member. There are often unique considerations which apply in domestic assault cases.
Yes. Once a case has been charged, only the prosecutor (or in some circumstances, the judge) can dismiss the case. While a recanting or uncooperative victim will generally increase the chances of a favorable outcome, it does not guarantee a dismissal or acquittal. These can be tricky cases, so you will want the advocacy and representation of an experienced criminal defense attorney.
Every case is different. Whatever the facts or circumstances are, we believe you deserve Straight Talk and Honest Answers. Contact us today for a free consultation.
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