Shortly after arrest, we secured our client counselling in a drug rehabilitation facility. Further, reference material was obtained from family and friends as well as urine analysis to demonstrate the rehabilitative process that the client had undertaken. Ultimately, he received a term of imprisonment of two years, one day and six months suspended upon him entering into a good behaviour bond.
Our client pleaded guilty to the offence and was sentenced to a term of imprisonment of three and a half years, with an 18 month non-parole period, suspended upon him entering into an 18 month good behaviour bond, supervised by the Department of Corrections for 12 months. An excellent result for the client. Fill in your details below to request a fixed price quote for your matter. Hit enter to search or ESC to close.
Legal Information Relating To Assault. What is assault? What are the different types of assault Maximum penalty for assault Possible defences for assault What the police prosecutor must prove What court will hear the assault matter Assault case studies and results.
Assault Key Facts Maximum Penalty years imprisonment Possible Defences the victim consented; the act was not a voluntary act; you were acting in self-defence; you were acting in defence of another; or you were defending your property. A person may commit an assault if they: intentionally apply physical force to another person; intentionally make physical contact with another person, knowing that they might reasonably object to the contact; threaten by words or conduct to apply force to another person, where that person reasonably believes that the threat will be carried out; do an act with the intended purpose to apply force to another; or accosts or impedes another in a threatening manner.
Basic Assault The maximum penalty for a basic assault is two years imprisonment. For an aggravated offence , the maximum penalty is three years imprisonment. The offence will be aggravated if: the accused used or displayed a weapon; the victim was a police officer, prison officer or other law enforcement officer on duty; the accused committed the offence in order to prevent or dissuade the victim from taking legal proceedings; the accused knew that the victim was under the age of 12 or over the age of 60; the victim was the spouse, domestic partner or child of the accused; the accused was in a position of authority over the victim; or the victim was vulnerable due to a disability or impairment.
Assault Causing Harm The maximum penalty for a basic assault which causes harm is imprisonment for three years. A competent criminal defense attorney can help you fight an assault charge, by thoroughly investigating your case, helping you to evaluate and assert any possible defenses, and guiding you through the criminal court process.
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Market Your Law Firm. Lawyer Directory. Call us at 1 Misdemeanor Assault Laws. Learn about misdemeanor assault, along with the penalties and defenses. The Victim's Fear In states that define assault as placing a victim in fear of violence, the victim's response must not only be genuine but reasonable under the circumstances. Simple and Aggravated Assault Simple assault, usually charged as a misdemeanor, is the least serious form of assault.
Simple, Misdemeanor Assault Against a Member of a Protected Class or Special Victim In many states, simple assault against certain individuals who are either particularly vulnerable a disabled or elderly person or work in service to the community police officers or emergency medical care providers is treated differently and considered a more serious crime than simple assault against a person without this special status.
Those who are designated members of a protected class vary from state to state but, in addition to those mentioned above, they can include: fire fighters social services workers teachers and school employees corrections employees those who work in jails or prisons judges mental health care providers, and utility workers.
This can be a serious crime and should not be taken lightly. In Texas, if someone is convicted of assault and battery it can be classified as a misdemeanor. This would mean a monetary fine and possible jail time up to days.
This is a worst-case scenario for the light side of things. You may not receive any jail at all. If charged with felony assault and battery the crime carries a much stronger penalty. This is where things get more serious. If you do not have good legal representation, you could end up in jail for up to ten years,, twenty years or worse.
Few lawyers can effectively defend assault and battery charges. The best results come from lawyers who work your case personally and will work with you side by side through the process.
This is your life on the line and you want someone who is not afraid to take on the fight! Results matter now more than ever. Statistically, the majority of defendants facing assault and battery charges are male.
When building your case, your lawyer will work to gain sympathy from the court and if needed, face down your accuser. This is a tricky balance to strike without going too far. More and more male defendants are realizing that an experienced female defense attorney can be a tremendous help in these cases. Having a skilled female lawyer in your corner might just be the best decision you can make for your case. Once you are charged with first-time assault and battery, you may feel like you are in the fight of your life.
They look at aspects of the case that make the offence more serious, and any factors that reduce its seriousness. The judge must also consider other factors such as whether the offender pleaded guilty — which normally means a reduction in sentence — or whether they spent time in prison while awaiting trial and sentencing. This time is deducted from the overall sentence. More sentencing myths and the facts The information on this page is not a complete legal analysis of the offences and is not a substitute for legal advice.
The law will be different in Scotland and Northern Ireland. Skip to content. Home Common offences Assault Assault. There is always a clear logic to how sentences are decided, but media reports of some cases can focus on a few key elements rather than all the facts of a case so it can be unclear why an offender got a particular sentence. More sentencing myths and the facts. This website uses cookies to improve your experience.
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