Why Do You Need an Assault Lawyer?

Why Do You Need an Assault Lawyer?

Inflicting harm intentionally on a person can lead to charges of assault, battery, or aggravated assault. You must know the difference between these charges and what makes them distinct from another. In general, crimes involving a physical attack or even the threat of an attack can end in accusations of assault or battery or both. If the attack is severe or the weapon used during the attack is too dangerous, these charges of assault and battery can convert to aggravated assault. Another essential thing to remember here is that assaults need not always be one-sided. Fighting between two people can also constitute assault charges. 

Before delving deeper into how assault lawyers prove useful when charged with such crimes, we would have a quick look at what each of these charges entails.  

This article covers the following topics:

#1. What constitutes an Assault?

#2. What constitutes an Assault and Battery?

#3. What constitutes an Aggravated Assault?

#4. Why the Victim of an Assault Needs a Lawyer?

#5. Why Someone Charged With an Assault Needs a Lawyer?

What Constitutes an Assault?

Any intentional action that makes another person fearful of imminent harm qualifies as an assault. The assault law takes cognizance of the fact that placing another person in the fear of possible bodily harm is a crime as well. It is also possible that one may have to face charges even if the person has not yet made any physical attack. This law is a vital tool in the hands of law-enforcement agencies. It gives them the scope to intervene even before any physical tussle begins.

What Constitutes Assault and Battery?

We often consider assault and battery as a singular entity. But traditionally, these two have implied different degrees of crime in the courts of law. Battery signifies a completed assault. To charge someone with a battery requires the person to physically hit or harm someone. However, according to many legal experts, the difference between these two is blurring over time. These days, the law-enforcement is using assault and battery to indicate crimes that include evidence of threatening and inflicting physical harm on one another.

What Constitutes an Aggravated Assault?

Criminal law makes clear distinctions between simple assaults and aggravated assaults. An assault qualifies as an aggravated assault if the perpetrator follows up on his threat to inflict harm and attacks with a deadly weapon. Assaults may also become aggravated if the assaulter attacks with the intent to commit a serious crime. If someone commits an assault, staying within a relationship that is otherwise considered worthy of special protection, it becomes an aggravated assault. To get out of the binary of simple and aggravated, some state judiciaries try to bring in more nuance by classifying assaults as first, second, or third-degree assaults. First degree assaults are the most serious ones, whereas the ones that are less serious qualify as third-degree assaults. 

From these classifications, it is evident that cases of assault are not as simple as they might appear. There are a lot of qualifying factors that make an assault a severe crime worthy of severe punishment. Therefore, cases of assault require expert handling. 

The need for an expert assault attorney rises in both scenarios – where one has been at the receiving end of an assault and where one is charged with the crime of committing an assault. In the next two segments, we would shed light on both these scenarios.

Why the Victim of An Assault Needs a Lawyer?

To prove that one was a victim of assault, the prosecution needs to establish that the defendant’s act was intentionally harmful or offensive. The prosecution also needs to prove that the act, that they claim to be assault, includes touching, or application of force by one person on another. Under these circumstances, one needs the services of experienced assault lawyers who know how to prove these claims. 

There are high chances that the perpetrator of the crime will attempt again to inflict harm. Therefore, one may need to take out restraining orders or emergency protective orders from the court to create safeguards from future attacks. A lawyer comes in handy in quickly getting these orders issued from the court. 

The victim of an assault, who has suffered from physical injuries, are eligible to receive damages. An assault lawyer proves immensely effective in making the complainant aware of what types of damages he or she is entitled to and how to claim them.

There are three types of damages the victim of an assault is entitled to economic damages, non-economic damages, and punitive damages. 

  • Economic Damages include reimbursements of medical bills or provisions for lost income. This component has been devised for the victim to recover the monetary costs and expenses that were direct outcomes of the assault.
  • Non-economic damages include reimbursements and compensation for losses, which are difficult to immediately quantify but may become the cause of heavy expenses in the long run. Such damages include provisions for pain, suffering, and trauma. 
  • Punitive damages come only as outcomes of assaults that are outrageous. The provisions for these damages were created, specifically, to punish the perpetrators. 

An assault attorney is a perfect person to get these damages claimed successfully.

Why Someone Charged With an Assault Needs a Lawyer?

To begin with, anyone charged with an assault must remember that in court, he or she would have to deal with a professional prosecutor. A prosecutor who is well-versed with the laws of the land and knows its’ loopholes. A prosecutor, usually, comes with years of experience in dealing with such cases. He or she knows how the court system works and what evidences to submit. They also know how to cross-investigate the witnesses if any. Handling all these requires a similarly experienced attorney on the other side. Someone who can counter prosecution’s charges judiciously, staying well within the tenets of assault laws. 

An assault lawyer also briefs his or her client about things, he or she should or should not say during an investigation. It’s because whatever the defendant says in the court or during the police interrogation is admissible in the eyes of the law. And, these admissions can be used against the defendant. Therefore, it is of paramount importance that the defendant knows how much to say and what not to say. It is where an attorney plays a vital role. 

There are instances where self-representing defendants have incriminated themselves with their saying despite the police not having enough evidence. An attorney also plays an important role in out-of-court settlements. There are high chances that the defendant’s attorney knows the prosecution lawyer from his networks in the court. Often it happens that the defendant’s lawyer manages to convince the prosecution that the case is in the defendant’s favor. Under these circumstances, it would hardly make any sense to drag the case into court. Such interventions save the defendant from bearing unnecessary legal costs and going through a lot of stress and worry. 

Conclusion

It means irrespective of whether you are a victim of an assault or an alleged perpetrator, it is always prudent to go with an experienced assault attorney. It’s even better if you go with one from the very beginning.  

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