If you have been wrongfully accused of assault and battery charges, you have the right to assertively challenge these accusations. Properly applied rules and regulations are ultimately in place to protect the innocent, regardless of who is the defendant and who is the prosecutor. Assault and battery is a very tragic thing for someone to go through, but it is also tragic for a person that was wrongfully accused.
With that said, even if a person is guilty, they have the right to a just trial with a punishment that fits the crime. Hiring an expert criminal attorney to represent you will work to ensure that false accusations of assault and battery are brought to light, and it will also ensure that your civil rights are adequately fought for and protected.
What is Aggravated Assault?
Aggravated assault is not only physically causing others to feel fear or apprehension about potentially harmful or unwelcome contact, it is also the threat of it. When intent to cause serious physical injury is expressed or if a weapon is used, assault (which is already a punishable offense) becomes aggravated assault. Typically, this involves a deadly weapon or instrument that, when utilized against another individual, will likely to result in a serious or deadly injury. Assault is defined differently from state-to-state.
What is Aggravated Battery?
It is a harmful or offensive non-consensual physical imposition by one person upon another that has an aggravating element of some kind, such as using a weapon and/or causing serious bodily injury. This is a felony charge, and the conviction of this charge can lead between one to twenty years in prison depending on the jurisdiction, the circumstances of the incident, and the defendant’s prior criminal history.
Truth be told, every state has a slightly different definition of aggravated battery. Typically, if a deadly weapon is used on someone causing serious bodily harm or with the intent to, this is categorized as aggravated battery.
PENALTIES for Aggravated Assault and/or Battery
There is a wide range of severe penalties for aggravated assault. This will depend on the specifics of the crime as well as jurisdiction and more. For example, if the assault is against a peace officer, the defendant could face between five to twenty years in prison. In the event that the victim was over the age of 65, the range is between three to twenty years in prison.
If theft of a commercial vehicle is also part of the assault case, the defendant could face between five and twenty years of prison and an imposed a fine between $50,000 to $200,000.This illustrates quickly that each case and set of circumstances are different and one-size fits all charges and punishments may not be specific to your case. A criminal defense attorney is highly recommended because they understand the ins and outs of these types of cases.
Challenging The Charges Presented Against You – Standing Up For Your Rights
You have the right to fight for your civil rights and ask for a jury trial if you feel you have been wrongfully charged. The justice system of this country allows you to challenge your charges, and the fundamental design of the justice system will allow you to stand up for your rights and fight for the entire truth behind your case and situation. You have a basic legal right to have the opportunity to be heard, and importantly the right to counsel for guidance in your defense before the courts.
Beware about the tendency to jump to this method. Sometimes it can help, but if the original charges are already over-inflated, this will negatively affect the outcome and put you in a very difficult situation. Unfortunately, charges like these are commonly presented by the state and county district attorneys to defendants in an effort to get the defendant to plead guilty to a lesser charge. This is known as plea bargaining. Plea bargaining is very controversial for this reason.
Often, a defendant will accept the charges filed against him or her, even if the charges filed did not represent the crime. The defendant is seemingly forced to take the plea deal because he or she will be promised a lesser sentence rather than potentially facing a longer one if he or she went to trial. In the event a plea bargain is offered, experienced criminal defense attorneys can help you fight for your rights and get the best possible agreement for charges sought.
Challenging the Witness
Challenging the witnesses can be another way that you can protect yourself from poor quality witnesses that only exaggerate the situation. If a witness is unable to be present in your case for personal reasons or is proven unreliable, this can help your case. Often, eyewitness accounts are the sole incriminating factor in a criminal case. An expert attorney can drastically help your case by refuting eyewitness testimony if the case is to make it to a jury trial phase.
Challenging Your Charges When You Are Guilty
While you may be guilty of the charges that were filed against you, you might still have an opportunity to lighten the penalty or even dismiss the charges depending on the situation. In many cases, a criminal defendant will be charged with a case that ultimately violated his or her constitutional rights.
If this is the case for you, you have the opportunity to contest the charges due to the violations committed against your rights. An attorney who is qualified in assault and battery charges can represent you. They will fight for your civil rights to assure that the punishment does not outweigh the crime, and if the situation calls for it, original charges may be dismissed or dropped.
Hiring an Experienced Criminal Defense Attorney to Defend Your Assault and Battery Charges
The complex justice system of the United States accounts for countless rules and regulations. This is a tremendous challenge if you seek to represent yourself. There are deadlines and restrictions that you absolutely must comply with regarding certain documents and filings.
Hiring a qualified attorney can benefit your case tremendously as criminal defense attorneys are familiar with the specifics that would apply to your case as well as how to best use the law in your defense. An attorney is most beneficial when he or she sees that you do not accept misleading plea deals.
If a plea bargain is the best option in your case, they will fight for your rights and make sure that you get the deal that best represents your case. Furthermore, the attorney will be sure that no plea deal is made until all the evidence has been properly researched and investigated to see how they would potentially scope within a trial decision.
Remember, it may seem so hopeless that it is easier to give in and take lesser charges offered, but it is far better for you to seek counsel as soon as possible. Click here to find a capable, experienced attorney to help you.