According to the FBI’s Uniform Crime Reporting Program, assault is the most common violent crime that victims report in the United States. There are two distinct categories of assault, and each comes with its own penalties.
If you are facing assault charges, there is a lot at stake in both your personal and professional lives. Your first call should be to an assault lawyer who has successfully handled cases that are similar to yours.
Darren DeUrso, Attorney at Law is a White Plains criminal attorney who will aggressively and compassionately represent your interests. Mr. DeUrso will investigate your arrest and structure a comprehensive defense against your charges. Call 914-772-8614 today to schedule a consultation.
Read on to learn the answers to frequently asked questions about simple assault:
What Is Simple Assault?
In general, simple assault is the act of making someone apprehensive of a pending physical attack, but it can also be the act of causing injury to someone by wielding a weapon in a negligent manner. Ultimately, the precise definition of simple assault varies by state. For example, in New York, simple assault occurs when an individual causes a physical injury either recklessly or intentionally without justification.
What Is the Difference between Assault and Battery?
According to the Legal Information Institute at Cornell University Law School, assault is a threat or physical action that results in the fear of imminent harm, whereas battery is a physical action that actually causes injury or offensive contact. Assault traditionally occurs before battery, but in many states, there is no longer a distinction between the two.
Do I Have a Defense?
There is a legal defense that applies to most simple assault causes. However, it is impossible to determine which defense is most appropriate without knowing the facts of your arrest.
Depending on the facts of your case, it may be possible to structure a defense that convinces the court to reduce your charges or dismiss your case altogether.
Possible defenses for assault charges include self-defense, defense of another individual or accidental injury by claiming there was no intent to harm the victim. Defenses that are not usually viable or effective include intoxication, playing pranks or attempting to get revenge on someone.
What Happens Following an Assault Conviction?
An assault conviction could stay on your criminal record for the rest of your life, and you could lose your right to own a firearm. In addition, penalties typically include fines and jail time. The court may also place you on probation for an extended period of time, and you might have to attend some form of anger management training or counseling.
If you are facing assault charges and want to discuss your case with a criminal attorney, turn to Darren DeUrso, Attorney at Law. Mr. DeUrso is a White Plains assault lawyer who will give your case the individual attention that it deserves. Call 914-772-8614 today to start building your defense.