Assault Charges
An assault describes the intentional attempt to physically injure someone or an act causing another person to believe the initiator is going to attack. Here’s everything you need to know about how to get assault charges dismissed.
Someone can get an assault charge dropped if they can prove there was false information, procedural errors, or they acted in self-defense. A person charged with assault should reach out to a criminal defense lawyer to help them.
What are Assault Charges
An assault charge is an intentional attempt to physically injure someone or an act or statement causing another person to believe the initiator is going to attack. Hence, assault does not involve the actual act of injuring someone. Instead, battery is the intentional use of force or violence to injure someone. When the authorities charge someone with battery, they often charge the person with assault.
An example of assault is if someone walked past another person and aggressively yelled at them and began to swing their fists. In contrast, someone walking past another person and looking angry and threatening does not constitute assault because no actual act was present causing the other person to believe the initiator was threatening them.
Related: How to Beat a Simple Assault Charge
There are two main types of assault: simple assault and aggravated assault. Simple assault involves the threat of immediate harm or an act resulting in minimal injuries. An example of simple assault includes raising a first at someone and threatening to hurt them. Simple assault is usually treated as a misdemeanor. However, aggravated assault is an assault resulting in serious bodily harm, an assault committed with a weapon, or an assault with the intent to commit a serious crime. An example of this is if someone was attempting to rape the victim.
An individual can receive the following penalties for assault:
- Incarceration,
- Fines,
- Probation,
- Restraining orders, and
- Restitution.
The punishment depends on the amount of harm done or threatened, the victim, and the offender’s criminal records.
Related: Sexual Assault Statute of Limitations By State (Civil & Criminal)
Getting an Aggravated Assault Charge Dismissed
A person has numerous ways to get an aggravated assault charge dismissed:
- A lack of sufficient evidence,
- Procedural errors,
- The defendant acted in self-defense or in the defense of others,
- Mistaken identity,
- False accusation,
- Lying witnesses, and/or
- Lying cops.
The prosecutor may drop the charges if there is not enough evidence to prove beyond a reasonable doubt the defendant committed the crime. If the defendant can prove procedural errors existed, such as the authorities did not explain to them their rights, the prosecutor may drop the charges. If someone receives an aggravated assault charge and believes procedural errors were present, they should reach out to a criminal defense attorney to help them navigate the situation. If the defendant can prove they acted in self-defense, the court could dismiss the charges because it justifies the assault. A person could also show the authorities mistook their identity to get the charges dismissed because they did not actually commit the crime. Mistaken identity is similar to false accusations, where a person receives a charge for a crime they did not commit. Lastly, if the defendant can prove the witnesses or cops lied, they could get the charges dismissed.
FAQs About How to Get Assault Charges Dismissed
What can I do if I received an assault charge?
A person has multiple options if they have received an assault charge. They can plead not guilty or use a plea agreement. If the defendant wants to get the charge dismissed, they can try to prove any of the following: a lack of sufficient evidence, procedural errors, the defendant acted in self-defense or in the defense of others, mistaken identity, false accusation, lying witnesses, and/or lying cops.
If a person receives an assault charge, they should get a criminal defense attorney to help them decide the best course of action.
Can I get all assault charges dismissed?
No, a person cannot get all assault charges dismissed. A person can get assault charges dropped if they can show there was false information, procedural errors, or the act was made in self-defense. A person can fight most assault charges, but cannot get all charges dismissed. Hence, someone who receives an assault charge should hire an attorney to help them see if they can get their case dismissed.
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