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Assault
Assault Defense Lawyer From Elizabeth City to the Outer Banks
There was a time in American history when men could fight to settle differences without the law getting involved. Those days are over. Nowadays, nearly any physical altercation will result in a criminal charge. Assault charges can include anything from a simple fight (affray) to assault with a deadly weapon with the intent to kill.
Assault may be treated differently depending on the factual circumstances surrounding the assault. Misdemeanor assault charges can result in legal penalties that could include:
- Monetary Fines
- Jail Sentence
- Possible Exposure to a Civil Lawsuit
Misdemeanor assault convictions may often be expunged from one’s record if they are eligible.
Is There a Way to Defend a Misdemeanor Assault Charge?
If you have been charged with misdemeanor assault you may have a number of defenses. Some defenses to a misdemeanor or simple assault include:
- Self-defense – If your safety was threatened and you had to respond with an appropriate amount of force.
- Lack of Intent – The act was not intended to create fear in the victim (i.e. an accident)
- Defense of Others – Had a reasonable belief that the person being attacked would be entitled to self-defense.
- Defense of Property – A reasonable amount of force in defending against intruders on personal property.
- Consent – If the parties consented to harmful or offensive contact (i.e. martial arts matches or sports competitions within the rules of the competition)
- Arrest/Prevention of a Crime – The use of a reasonable amount of force in stopping or to prevent a crime.
Do I Need a Lawyer for an Assault Charge?
No matter the severity of the charge, you have to be ready and willing to defend yourself in court. An assault charge can result in permanent charges on one’s criminal record. Persons charged with assault have a legal right to an attorney. An experienced criminal attorney can help in determining whether a defense is available or whether the charges may be expunged later. Give us a call today so that we can assess your case and plan your defense.