Assault Lawyer St Charles, MO
If you are involved in a bar fight or get into a domestic dispute with your spouse or partner, it is possible to be charged with aggravated assault and battery under Missouri law. Assault can be charged whenever a threat or attempt to do harm at another person is made. It does not require any physical contact or application of force. Rather, the attempt is sufficient enough.
Battery, on the other hand, can be charged when harm has occurred. Harm can be defined as physical, emotional, or mental; however, a majority of cases involve physical harm. In either type of charges, the penalties can be stiff and result in changes that alter your life forever.
If you’re facing assault and battery charges, it is advisable to retain an assault lawyer who can review your case and let you know what your legal options may be. For an immediate consultation with a lawyer who is on your side, call our firm today.
Defenses Used in Assault Charges
A person could be charged with assault for a broad number of reasons such as a dispute with a partner, spouse, roommate, a bar fight, or a fight involving a deadly weapon. How an assault lawyer defends a case will likely depend on your intent and how the threat of harm was perceived. Rest assured, there are many defenses that can be utilized to have your charges reduced or dismissed.
Scenario Example – Joe and Mike run into one another at a bar and have an exchange of words. Profanity and rude remarks are made which heightens the situation, but it does not get any more serious than that until Joe raises his hand and motions as if he will hit Mike with his fist, but stops. Joe has a small build and is not physically strong, and never intended to hit Mike. Mike also knew this. The defense could argue that Mike never had a true reasonable belief that he was going to be harmed; thus no actual assault has been committed.
Misdemeanor Assault Charges
It is possible for an assault to be charged as a misdemeanor. In general, these types of assaults do not involve serious, life-threatening injuries or a deadly weapon. Penalties can include jail time, fines, community service, completion of court-mandated programs, and probation. A misdemeanor is not as serious as a felony; however, the punishments can last well beyond your sentencing which is why you should ask an assault lawyer to help you with your case.
Circumstances Assault and Battery Cases
The circumstances of your assault and battery event will determine the strength of the case against you and the possible repercussions. If you were forced to make physical contact with the other person in self-defense, a lawyer could have your charges reduced or dropped. Other aggravating and mitigating factors for an assault crime includes:
- Whether this is your first offense
- How vulnerable the victim was
- Whether the defendant had a prominent role in the criminal act
- Whether the defendant was motivated by a bias (also known as a hate crime)
- The role of the defendant in the assault
- Past circumstances, such as abuse that led the defendant to engage in criminal activity
- Whether mental or physical illness is a factor
- Circumstances at the time of the assault (i.e. financial problems, stress, emotional anguish, etc.)
- Whether drugs or alcohol were involved
- Whether the defendant shows genuine remorse
An assault lawyer should consider all of the above factors to see which, if any, hold true in your case. If so, they can be included in your defense.
Fighting an Aggravated Assault and Battery Charge
An aggravated assault and battery charge could yield a felony or misdemeanor; both of which are serious and can change your life for many years to come. Our aggravated assault lawyers understand that these charges are very rarely straightforward. From the moment you choose us to be your legal advocate, we’ll work hard to investigate your case and build a defense strategy that protects your rights and interests. To learn more, call an assault lawyer St Charles, MO clients recommend today.