What To Understand When Charged With Assault

Acts of violence often originate from passion. Most people don't want to hurt someone else. However, when a person commits a harmful act towards you or a loved one, it is somewhat human to retaliate. Unfortunately, some forms of retaliation are against the law and can result in an assault charge. If you've found yourself in this predicament, it's a good idea to know what's ahead and what you should do.

Understand Your Charge

Understand what form of assault you've been charged with. Assault charges generally encompass two types: simple and aggravated. Simple assault is the lower of the two. The victim has either only been threatened with violence or only suffered very minor injuries. Slapping someone or pushing them often falls in this category.

The more serious charge is aggravated assault. If the victim required medical attention or the attack resulted in the harm of someone not directly involved in the attack, you could be charged with this offense. Any attack against an elderly person, disabled person or government worker will generally automatically warrant an aggravated assault charge.

Establish Your Defense

Once you understand your charge, it's now time to consider your defense. This is the time when it becomes important to share every detail that led up to the event. Did the victim in the case harm you in the past, did they threaten you or a loved one with an act of physical violence or was there some other aggravating factor?

While these instances won't necessarily eliminate the charge or your responsibility for the role you played, they will weigh heavily when it comes to the outcome of your case. Write down everything you remember and ask witnesses to give statements as well.

What Not To Do

In many cases, an assault charge will also accompany a restraining order. If this has been enacted in your case, take it seriously. Simply contacting the victim to say good morning may be perceived as a threat in the court of law.

Violating this order of protection could lead to greater charges against you and an increased threat of jail time. By no means should you be contacting the victim for any reason. Don't even try to send messages via someone else, as this is still considered a form of contact.

Depending on the circumstances that surround your assault charge, harsh fines and jail sentences could both arise. Having an attorney on your side will help you establish a solid defense and assure your rights are protected. For help fighting an assault charge, check out a website like http://www.darksidelawyers.com.


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