Criminal Defense Strategy for an Assault Charge

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Felony Lawyer Bloomington, IL

Criminal assault is defined as a behavior which threatens the physical safety of another person. Depending on exactly what happened, the assault may be classified as a misdemeanor or felony. After a person has been arrested, it may be in his or her best interest to reach out to an attorney familiar with criminal defense cases for advice. Being arrested may come along with many fears for the future, and questions about what to expect next. Sometimes, an officer makes an arrest without knowing the full story of what happened. The court system may give harsher punishments that are not necessary, based on misunderstandings and misinterpretation of facts.

Here are a series of questions that people may have when it comes to their assault arrest and the potential consequences:

Are criminal assault laws the same across each state?

Those who define what constitutes as assault include state legislatures and Congress, so what may be considered assault in one state could be very different in another. Assault can even happen when no one was physically harmed. Assault can include threats that are intentional and very serious. An example of assault could be waving your first towards someone without making physical contact. However, there are some threatening acts that do not constitute as criminal assault. Verbally telling someone you are going to harm him or her may not fall under assault.

What does aggravated assault mean?

Aggravated assault is often committed with a dangerous weapon, where a person intends to do physical harm and succeeds in doing so. Those who have been arrested for aggravated assault may face more serious punishments, depending on the severity of the injuries caused to the other person. Aggravated assault is considered a second degree felony, where the accused may have to serve years behind bars.

What is the difference between felony and misdemeanor assault?

Depending on the details of what happened and which state the individual lives in, an assault may be deemed a felony or misdemeanor. Lesser crimes of assault may be classified as a misdemeanor, potentially resulting in jail time of no more than a year, fines, and/or community service. An assault on a felony level is only used for more serious crimes where substantial physical damage was done to the other person. The consequences for felony assault could be many years in prison and steep fines.

What kind of defense may an attorney use for my assault charge?

In many cases, a felony lawyer Bloomington, IL residents rely on from Pioletti & Pioletti may work with the accused to build a defense case that includes the self-defense strategy. Sometimes, two people get into a physical altercation because one person was being threatening towards the other, so the former reacts with physical conflict to fend them off. In general, an individual is allowed to use force to defend oneself during times of immediate danger. An attorney would have to meet with you to find out more about your specific circumstances, before deciding which defense strategy could work in your favor the most.