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Assault May Mean Different Things

BY Daniel Wannamaker | 04-16-2009 | 1:09 PM
This blog is written by a member of our blogging community and expresses that member's views alone.
Each case that carries a charge of assault will be different depending on the facts of the case.

Many people think of assault as being an assault directly on a
person, when in reality it may be defined in a different manner
depending on the actual facts of the case.

Each case that carries a charge of assault will be different
depending on the facts of the case. So before you contact a lawyer to
assist you with your case, make sure you know specifically for what you
are charged. Knowing this will make your lawyer's job a lot easier. For
instance, depending on how the case is charged, the penalties may range
(without mitigation or other intervening circumstances) from 180 days
up to 4 years in the hoosegow, depending on the facts of the case.

It's safe to say that, technically speaking, assault is a crime
against a person or persons. Yes, this is pretty vague, but once the
case gets to court, the judge will usually expand the definition so the
jury (if there is a jury trial) understands the case at bar. For
instance, if the charge is assault (bodily contact) on a person without
their consent, it is indeed assault. However, having said that, any
violent act toward another individual without consent (the defining
element) is also assault.

Often the terms assault and battery are partnered up, however, more
often than not, battery is really a different kind of assault in a
category of its own. In order to distinguish the differences as it
pertains to what you are charged with, it's wise to speak to a highly
skilled criminal defense attorney. Give your attorney all the details,
holding nothing back, and let them outline what options you may have
for the charges you're facing.

Having a highly skilled criminal defense attorney on your side is a
good thing and it may mean a mitigated sentence. Once the attorney has
the details of your charges they may be able to offer several options
for handling your case – get the charges dropped, reduced, thrown out
of court or possibly negotiated into an alternative justice program.
The choices of course are ultimately yours once you have consulted with
your attorney.

Daniel Wannamaker is a board certified criminal law specialist and
has 24 years of criminal trial experience with proven results as a
Dallas criminal defense lawyer practicing in Austin criminal defense
and Houston Texas. To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.