Criminal Defense Lawyers

Assault Crimes

Assault Crimes: What You Need to Know

You’re here because you or someone you know has been accused of assault. It’s a serious charge that can carry heavy penalties, but don’t panic. We’re going to break this down step-by-step so you understand exactly what you’re facing and how to protect your rights.First, take a deep breath. Getting charged with a crime is stressful, but you’re not alone. At Spodek Law Group, we’ve helped countless clients navigate assault cases just like yours. Our criminal defense attorneys have seen it all, and we know how to build a strong defense strategy tailored to your unique situation.So, what do you do if you get hit with one of these things? Let’s start with the basics.

Understanding Assault Charges

Assault is an attempt or threat to inflict physical injury on someone else. It doesn’t require actual physical contact. The key elements are:

1. Intent to cause harmful or offensive contact
2. An act that causes reasonable fear of harmful contact in the victim

Even something as simple as taking a swing at someone or brandishing a weapon in a threatening manner can qualify as assault1. It’s about creating an apprehension of imminent harm.Now, assault charges come in different forms depending on the circumstances. The main categories are:Simple Assault
This is the most basic form, like getting into a heated argument that escalates to threats or attempted violence. It’s typically a misdemeanor.Aggravated Assault
When the assault involves a deadly weapon or seriously bodily injury, it gets bumped up to an aggravated charge. These are felonies that carry harsher penalties.Assault on Specific Victims
Assaulting certain classes of victims like police officers, children, or the elderly often leads to enhanced charges and stiffer punishments.The exact definitions and penalties vary by state, but you get the idea. The more serious the circumstances, the more serious the charge2.

Potential Penalties for Assault

So what kind of penalties are we talking about here? For simple misdemeanor assault, you could face up to a year in jail and fines. Felony aggravated assault can mean multiple years in prison and fines in the thousands or tens of thousands3.But those are just the direct legal penalties. An assault conviction, especially a felony, can have far-reaching consequences:

• Difficulty finding employment or housing due to background checks
• Loss of certain rights like owning firearms or voting
• Immigration issues for non-citizens
• Restraining orders keeping you away from the victim
• Mandatory anger management classes or probation

The bottom line? Assault is a big deal. Even if you think it was just a minor scuffle, the courts don’t take these charges lightly. That’s why you need an experienced criminal defense attorney in your corner from the very start.

Building a Defense Strategy

Okay, so you’ve been charged with assault. What now? The first step is understanding your rights and options. Some common defense strategies include:

Self-Defense
If you reasonably believed you were in danger of being harmed and acted to protect yourself, self-defense may apply. The key is your level of force matched the threat.

Defense of Others
Similar to self-defense, but you were acting to protect someone else from harm or assault.

Lack of Intent
For assault, prosecutors must prove you intended to threaten or attempt violence. If it was a total accident with no intent to harm, you have a strong defense.

Mistaken Identity/Factual Innocence
Maybe the alleged victim got the wrong person. If you can show you weren’t even there or involved, that’s a solid defense.

Violation of Rights
If the police conducted an illegal search, coerced a confession, or otherwise violated your rights, we can work to get evidence suppressed or the case dismissed.Those are just some of the potential avenues we might explore based on the specifics of your case. Every situation is unique, so we need to carefully analyze all the evidence and circumstances.That’s where Spodek Law Group’s hands-on approach comes in. We don’t just take the police and prosecutor’s version at face value. We investigate every angle, interview witnesses, pour over forensics and documentation – we leave no stone unturned in building the strongest possible defense4.Because at the end of the day, our number one goal is to get you the best possible outcome, whether that’s an outright dismissal, reduction of charges, or an acquittal at trial. We’re not here to judge, we’re here to fight for your rights and freedom.

What to Do If Charged with Assault

If you or a loved one is being charged with assault, the most important thing is to avoid discussing the allegations and exercise your right to remain silent. Anything you say can potentially be used against you.From there, you need to hire a reputable criminal defense lawyer immediately. Don’t make the mistake of trying to handle this on your own. The consequences are too severe.At Spodek Law Group, our assault defense team is available 24/7 to start building your defense. We’ll break down exactly what you’re being charged with, what the potential penalties are, and map out a comprehensive strategy for attacking the case.We understand this is a stressful and uncertain time. That’s why we make it a priority to keep an open dialogue and make you feel comfortable every step of the way. We encourage full transparency so we can give you the best advice and strongest representation possible.Because when you’re up against these kinds of charges, you need a team of heavy-hitters in your corner who will fight tooth and nail. We’re not here to judge, we’re here to protect your rights, your freedom, and your future.

Why Spodek Law Group?

Look, we get it. There are a million criminal defense attorneys out there vying for your business. So why choose Spodek Law Group? A few key reasons:

Experience
Our attorneys have decades of combined experience handling the most complex and high-stakes assault cases. We’ve taken on prosecutors from New York to Los Angeles and everywhere in between.

Expertise
Assault and violent crimes are our bread and butter. We live and breathe this area of law. We understand all the nuances and strategies needed to dismantle the prosecution’s case.

Tenacity
We take a no-stone-unturned approach. We outwork and outfight the opposition at every turn through tireless investigation and preparation. When you hire us, you get a team of legal pit bulls.

Client-Focus
You’re not just another case number to us. We take a hands-on approach, giving every single client the personal attention their case deserves. We’re responsive, transparent, and make you a priority.

Results
At the end of the day, it’s about getting you the best possible outcome, period. We’ve secured dismissals, acquittals, and reductions on charges that could have devastated lives. That’s why clients across the nation trust us.If you or a loved one has been charged with assault, the time to act is now. Don’t gamble with your future – get elite legal representation from the assault defense specialists at Spodek Law Group. Call or contact us online for a free consultation today.

Assault Laws: Breaking It Down

Now that we’ve covered the basics, let’s take a deeper dive into the legal side of assault charges. As we mentioned, the exact definitions and penalties can vary from state to state, but there are some general principles that apply.

Defining the Crime of Assault

At its core, assault refers to an intentional attempt or threat to inflict injury upon someone else, coupled with the apparent ability to cause that harm5. A few key elements:

Intent
You must have intended or been aware that your actions would place the victim in reasonable fear of harmful or offensive contact. Accidental conduct doesn’t qualify.

Apparent Ability
Your words or actions must create a reasonable apprehension in the victim that you had the ability to actually carry out the threatened harm.

Fear of Harm
The victim must have been aware of and actually placed in reasonable fear or expectation of the threatened harm.

Imminence
The threatened harm must have been imminent, not some future possibility. The victim had to feel harm was about to occur.So in essence, assault criminalizes conduct that falls just short of actual harmful contact, but still instills fear and apprehension of impending violence in the victim.

Differentiating Assault from Battery

It’s important to understand that assault and battery are two distinct crimes, though they often go hand-in-hand.Battery refers to the actual unpermitted, offensive touching or use of force/violence against another person6. So while assault is the attempt or threat, battery is the completed act.You can have assault without battery (taking a swing but not connecting). And you can have battery without assault (striking someone by surprise with no forewarning).But in many cases, a single incident will involve both assault (the threat of harm) and battery (carrying through with harmful contact). The charges get stacked based on the circumstances.

Degrees and Types of Assault

Not all assault charges are created equal. There are typically different “degrees” of the offense based on the severity of harm threatened and any aggravating factors.

Simple Assault
This is the most basic form of assault, often just a misdemeanor offense. It refers to an attempt to batter or intentional threat of harm that doesn’t involve a deadly weapon or serious bodily injury.

Aggravated Assault
When an assault involves a deadly weapon like a gun or knife, or the threat of serious bodily injury like broken bones or disfigurement, it gets upgraded to an “aggravated” assault charge. These are typically felony-level offenses carrying much harsher penalties.

Assault on Protected Persons
Many states also have enhanced assault charges for threatening or attempting harm against certain protected classes of victims. This often includes:

• Law enforcement officers
• Other public servants (teachers, EMTs, etc.)
• Children
• Elderly persons
• Pregnant women
• Disabled persons

The rationale is that these victims are particularly vulnerable or that assaulting them disrupts a public interest, so the punishments are increased.There are also some miscellaneous assault charges like assault with intent to commit a felony (robbery, rape, etc.), assault by a prisoner, and others that vary by jurisdiction.The bottom line is that the type and degree of assault charge you face can dramatically impact everything from bail amounts to sentencing. That’s why it’s critical to have an attorney who understands the nuances and can argue for the least severe charges possible based on the facts.

Penalties for Assault Convictions

So what kind of penalties are we talking about for the various degrees of assault? Here’s a general overview:

Simple Assault

• Misdemeanor charges
• Up to 1 year in county jail
• Fines ranging from $500 to $2,000

Aggravated Assault

• Felony charges
• 1 to 20 years in state prison (widely varied by state)
• Fines from $2,000 up to $25,000

Assault on Protected Persons

• Typically charged as aggravated assault
• Possible federal charges for assaulting certain public officials
• Enhanced penalties like mandatory minimum sentences

Beyond just jail/prison time and fines, those convicted of assault may also face:

• Probation
• Restraining orders
• Mandatory anger management/counseling
• Restitution payments to victims
• Loss of certain rights (firearms, voting, etc.)

For felony assault convictions, you’re also looking at a permanent criminal record that can severely impact employment opportunities, housing, immigration status, and more.So as you can see, the stakes are high when facing assault charges. Even a “simple” misdemeanor carries potential jail time and fines that can derail your life. That’s why you need to take these charges seriously from the start and fight them aggressively with an experienced defense attorney.

Defending Against Assault Charges

If you or a loved one has been charged with assault, you’re likely feeling a mix of stress, confusion, and uncertainty about what comes next. Take a deep breath – we’re going to walk through exactly what you need to do and the potential defenses we can employ.The first step if you’ve been arrested or charged is to exercise your right to remain silent. Don’t make any statements to law enforcement about the alleged incident. Anything you say can potentially be used against you, even if you think it’s harmless or explanatory.From there, the most important thing is to hire an experienced criminal defense attorney immediately. Trying to handle an assault charge on your own is a recipe for disaster that could leave you with a permanent criminal record and serious penalties.At Spodek Law Group, our assault defense team is available 24/7 to start building your defense strategy. We’ll break down the exact charges you’re facing, what the potential punishments are, and start mapping out a game plan tailored to your unique situation.Because every assault case is different. The defenses we might employ could include:

Self-Defense
If you reasonably believed you were in imminent danger of bodily harm and acted with proportional force to protect yourself, you may have a valid self-defense claim. The key elements are:

• You were not the initial aggressor
• You had reasonable grounds to believe you were in danger
• You used no more force than reasonably necessary to prevent the harm

For example, if someone attacks you in a bar and you punch them to get them off you, that could potentially be self-defense. But if you pull out a gun and shoot them, that would likely be excessive force.

Defense of Others
Similar to self-defense, but you were acting to protect a third party from assault or harm rather than yourself. The same elements of reasonable belief and proportional force apply.

Lack of Intent
For assault charges, prosecutors must prove beyond a reasonable doubt that you intended to threaten or attempt violence. If your actions were purely accidental with no such intent, you have a strong defense.

Factual Innocence
In some cases, you may have an outright denial or “wrong person” defense if the evidence shows you weren’t actually involved or present during the alleged assault. Things like alibis, contradictory witness statements, or being misidentified can create reasonable doubt.

Violation of Constitutional Rights
If law enforcement violated your rights through things like an illegal search/seizure, coerced confession, lack of probable cause for arrest, etc., we can work to get any improperly obtained evidence suppressed or even the charges dismissed entirely.Those are just some of the potential avenues we might explore based on the facts of your case. Our assault defense team leaves no stone unturned, thoroughly investigating every potential angle and hole in the prosecution’s case.We’ll comb through all evidence, interview witnesses, analyze forensics and documentation – we do whatever it takes to build the strongest possible defense on your behalf. Because our number one goal is securing the best possible outcome for you.That could mean an outright dismissal of charges, a reduction to a lesser offense, or outright acquittal at trial if we take the case in front of a jury. We’ll pursue every available avenue to avoid a conviction and the life-altering consequences that come with it.