Assaults can range from a Class C ticket for offensive contact to a first-degree felony aggravated family violence assault if a deadly weapon is used and serious bodily injury occurs. I have handled charges of assault at both ends of the spectrum and everything in between. I have gotten Not Guilty verdicts in assault trials, prevented Grand Jury indictments on felony assaults, and had charges of assault completely dismissed. The most complicated kinds of assaults are those with family violence designations. These assaults usually occur between married couples or couples who live together but also include people who have children together and other adults living in the same household. These criminal cases require extra attention because they are filled with extra dangers. If you plea to an assault with an affirmative finding of family violence, you will lose more rights than someone pleaing to the same offense without the family violence designation. For example, you cannot carry a weapon during your probation period and for the five years following probation, even if you have a license to do so, and you can never seal the criminal record related to that offense.
Many charges of assault, both misdemeanor and felony, come down to he said-she said (or he said-he said, etc.). The prosecutors feel compelled to support their officer's version of events, and convincing them of anything else is an uphill battle. However, I have had great success with these cases by doing a little extra investigation to track down witnesses, obtain medical reports, run criminal histories on the State's witnesses, etc. It is extremely important to fight charges of assault (especially family violence cases) all the way to trial if necessary.
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