If you find yourself involved in an altercation within the state, there is a decent to fair chance you are going to be arrested and charged with either misdemeanor or felony assault, depending on the case at hand. There are more than a few degrees of assault, and all of them carry penalties ranging from upsetting to life-altering. It may be pertinent for you to understand the penalties you might face. Consulting a Greensboro assault lawyer is a good start.
It is important to remember that you don’t even have to put your hands on another person to be charged with assault. An assault charge can occur even after you threaten somebody with violence if the situation is believable enough to witnesses and law enforcement. If you are ever arrested for assault, it is vitally important that you contact a lawyer as soon as you are physically able to do so. Retaining legal counsel is the smartest way to start fighting as soon as possible.
Never forget that you are innocent until proven guilty, and it is vital that you exercise your Miranda rights, which include your right to remain silent and your right to counsel. If the police do not allow you to exercise your rights or fail to inform you of them, you may have grounds for a dismissal of your charges when the time comes to go to court.
You may also want to keep in mind that in certain cases, there is a statute of limitations on assault and battery charges in the state. The victim of the alleged assault will have two years to bring charges against you. The statute of limitations applies only to misdemeanor assaults, as there is no limitation for felony charges. The police can charge you with a felony whenever they want, as long as they have a case.
Assault is not a blanket charge that you can receive in the state. There are many different levels of assault. It depends on the severity and details of the case. There are some of the different kinds of assault charges you might be convicted of without the help of an experienced assault lawyer:
The time you could spend in jail for a simple assault charge in Greensboro, NC depends on a number of important factors. The court will consider your past criminal history, the details of the case, and other factors before giving you a sentence. You could face a potential jail time of up to 60 days, as simple assault is considered a Class 2 misdemeanor. If you have no prior convictions, you could receive supervised probation.
In the state, the act of threatening somebody with physical violence, attempting to touch somebody against their will, and causing somebody fear of immediate physical harm can all be considered assault. A physical attack on somebody is considered assault as well, and the penalty you may face from an assault charge will depend largely on the details of the situation and your past criminal history. If you have no prior convictions, you may face lesser consequences.
Yes, pushing someone can be assault. It depends entirely on the details of the situation. Assault is defined as intentionally causing harm to someone else. Intent is the real key. Pushing somebody is often considered an intentional act, but sometimes it might be a total accident. If the one who was pushed felt violated or immediately scared of further action, it might be considered assault.
There is no telling how much a defense attorney might cost. Every criminal defense case is different, which means that the lawyer’s fee is going to be different, too. Lawyers’ fees are changing all the time to reflect the ever-changing market. The amount that your lawyer will charge you for their services will reflect the complexities of the case, the amount of resources they will need to use, the lawyer’s availability, their experience, and their education.
Being charged with assault can be an overwhelming situation to find yourself in. You may be worried that you have nothing to fight with. You may even believe your case is over before it has really begun. That’s simply not true. An experienced assault lawyer can provide you with the first steps toward building a defense strategy.
At LAWSMITH, The Law Offices of J. Scott Smith, PLLC, we understand the kind of legal assistance you will need to fight assault charges. We can help you devise a defense strategy, gather the evidence you need, and make sure your interests are protected throughout. Contact us to schedule a consultation as soon as you can.