What is an Assault?
There are various forms of assault, including a mere push, or more aggressive behavior that results in serious injury. If a person has intentionally applied direct or indirect force to another person, without that person’s consent, this is considered assault.
Most Common Forms of Assault and Other Related Offenses:
- Domestic Assault
- Assault with Bodily Harm
- Aggravated Assault
- Threatening to Kill Someone
- Assault with a Weapon
- Sexual Assault (Including indecent acts and sexual touches or behavior)
Defending Assault Charges:
Consent: In order for an assault charge to be valid, the court must prove that the defendant is guilty of applying force to someone without that person’s consent. Sometimes a person can give their consent expressly, or it may implied. The latter is often determined from the situations that surround the offense.
Self -Defense: There are often times when assault is justified, such as self-defense. A person may need to apply force – or threaten to do so – in order to protect themselves, their family, or their personal property. The facts of the case will determine if self-defense has occurred.
Mistaken Belief in Consent: In some cases, a defendant can argue that although consent was not given, it was believed to be implied. If an honest case of mistaken belief in consent occurred, it can be used as a defense in an assault case.
The Legal Penalties for an Assault
Being found guilty of assault could lead to an indictable conviction, as well as time in jail. Sometimes the court will offer less severe sentences, such as probation (along with counseling), a fine, or even discharge the defendant.
When you consult with the Law Office of Kalina & Tejpal, we offer you access to experienced lawyers who have the experience, resources and knowledge to get you the best defense possible.