Have You Been Arrested for Assault?
Monday, December 5, 2011
Historically, men have been known to settle their differences with physical altercations. From old bar fights in the Wild West to young war soldiers fighting over a girl; men and women have been fighting for what they thought was right for centuries. Today, times have changed and nobody can get into a physical fight without facing criminal consequences.
The crime of assault involves the threat of violence coupled with the ability to carry it out. If a woman tries to hit her husband in the head with a frying pan and misses she can still be charged with the crime of assault. If a man forcefully pokes another man in the chest in a manner that would be construed as violent or offensive, he can be charged with assault.
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Assault is often times confused with battery. The main difference between the two is that assault does not require that actual physical contact took place, whereas battery does. With a battery conviction, there must have been physical contact between the suspect and the victim.
Assault charges are tricky because there are always two sides to a story and there aren't always witnesses. Even men can be victimized by women with assault charges. Some men were raised to never hit a girl, yet their angry wife or girlfriend physically assaults them in a heated argument.
If the man tires of the abuse and slaps the women he might be the first suspect. The police are more accustomed to female assault victims as opposed to male. The male victim might have a more difficult time explaining that he acted in self defense, even if he truly did.
Even if you were in the right, you will need to have your own representation if you have been charged with assault. Since assault can be prosecuted as a misdemeanor or a felony, you can't afford to make the mistake of thinking that your innocence will avoid a conviction.
With many assault charges, it is your word against the other person's, which means it will be up to your criminal defense lawyer to prove your innocence. If you are ultimately convicted of assault, you could be facing steep fines, jail time and victim restitution. It is your right to have an attorney and it is your right to defend yourself when someone is physically attacking you, but you need to act fast by securing a skilled criminal defense lawyer.
Have You Been Arrested for Assault?