Assault (or simple assault) occurs when one party causes bodily harm to another, or causes another to reasonably fear imminent injury, or causes offensive, provocative contact. An assault charge does not necessitate actual touching or injury. As long as the victim actually believes that they are in imminent danger based on the actions of the actor, an assault may occur.
Aggravated assault is a more serious offense and occurs when the victim is seriously injured or if a deadly weapon is used in the commission of the assault. Note that the weapon does not have to actually be used – it is enough to display the weapon.
The severity of the assault charge will depend on the state of mind of the actor. Intentional assaults, therefore, are more heavily punished than reckless assaults.
If you were arrested for assault or aggravated assault, you may be facing anywhere from 2 to 15 years, depending on your conduct, prior convictions and other factors. It is essential to protect your freedom and your rights by hiring an experienced criminal defense assault lawyer. Attorney Lonnie R. Hoover has more than 35 years defending thousands of defendants in serious felonies and misdemeanors.
Domestic assault refers to assault within a domestic relationship. Domestic relationships include the following:
Married or previously married
Presently or previously living together
Dating or previously dating adults or minors with present or former sexual relationship
Related by blood or adoption
Presently or previously related by marriage
Adult or minor children of anyone in one of the above relationships
Typically, an argument erupts between two or more of these individuals, and may involve loud screaming, threats, and perceived or actual physical violence. The authorities may be alerted by one of the parties, a concerned housemate or a neighbor. When the police arrive, one of the parties is often arrested, removed from the property, and jailed. The victim may file for an order of protection.
Orders of Protection
An order of protection is a court order that prohibits the respondent (alleged abuser) from making contact with the petitioner (alleged victim). This includes all forms of contact, including in person, by phone, email, text, through a third party, or otherwise. To qualify for the order, the victim would fall into at least one of these categories:
Domestic abuse – one of the categories mentioned above
Stalked – stalked by the abuser
Sexual assault victim – sexually assaulted by the alleged abuser
Franklin's Best Assault Defense Lawyer
If you were accused of assault, and your accuser obtains an order or protection, you may be facing a number of penalties and sanctions, including jail time, fines, court order to stay away from your own home, restricted or denied child visitation, confiscation of firearms, mandatory anger management classes, requirement to wear a GPS monitor, and more. It is vital to obtain representation from an experienced and results-oriented assault and domestic abuse lawyer. Attorney Lonnie R. Hoover has more than 35 years representing those accused of assault and domestic assault, as well as victims of assault. You can schedule a complimentary case review by contacting The Law Office of Lonnie R. Hoover.