Misdemeanor Defense Attorney

1. Misdemeanor Assault and its Legal Aspects What is misdemeanor assault? Assault is typically defined to be intentionally subjecting a person to a situation where there is a possibility of harmful or physical contact. Misdemeanor assault is “simple assault” or the attempt to commit a battery. It can also be creating fear in another person of being harmed. Some examples of misdemeanor assault include kicking, poking, taunting, verbal abuse and even biting.

2. Hence, if a person swings a fist at another it is considered as misdemeanor assault as it has been done with the intent of creating fear. It is critical to note here that there need not be physical contact to find a person guilty of misdemeanor assault. Just the threat to assault and causing reasonable fear of injury or harm in another is enough for conviction. • Defenses to Misdemeanor assaultFacing a misdemeanor assault charge does not necessarily mean a criminal conviction. It has to be proved by the prosecution beyond a reasonable doubt that the offense was committed. There are a number of defenses that are available to the charged and only an experienced and expert misdemeanor defense attorney will know the many legal options to get the accused off the hook. This is why it is essential that an attorney is contacted at the earliest in case of a charge of misdemeanor assault.

3. Some aspects of legal defense include — • Self Defense — The defendant has to prove that the assault was in self-defense, that they were first threatened and that lead to an equal response.  •Lack of intent — It has to be proved that the physical act was not accompanied by the intent to create fear in the victim and that it was purely an accident with no malicious intent. • Defense of others — The defendant may use force to defend a person other than the plaintiff but it has to be proved that the person who was attacked is entitled to self-defense.

4. • Defense of property — A reasonable amount of force may be utilized to defend property from intruders but it should not be deadly force unless the intruder too threatens the same.• Consent — The victim should have consented to a certain degree of misdemeanor assault as in martial arts or other sports competitions. Some States in the USA allow the use of reasonable force when making a citizen’s arrest or to prevent an act of crime.

5. Legal Consequences of Misdemeanor Assault Individual States in the USA have different laws about misdemeanor assault and the consequent punishments. Generally, an assault charge leads to jail time up to a year at a local county jail and not in federal prison, fines ranging from a few hundred to a thousand dollars, or rehabilitative measures such as community service and mandatory anger management therapy.