Assault & Criminal Law
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At the basic level, an assault is defined as unwanted touching where there was an intention of touching, without the consent of the touched person. This means that you can be accused of assault for a simple gesture such as touching someone on the arm if the other person decides that the touch was unwanted. Assault also covers acts, threats or gestures that come before the actual application of the unwanted touch, for example, saying to a person, ‘I will hit you!’ This is an offense as long as the other person believes that you will carry out the threat. If you are accused of assault, it is very advisable to get an assault lawyer who specializes in criminal law services to prevent these broad charges sticking on you.
Domestic Assault Lawyer
This is also called domestic assault or spousal assault. It applies where an assault is committed against another person in a relationship. This includes spouse, fiancée, and live-in partner. This applies to any relationship: same-sex or opposite-sex marriage, boyfriend/girlfriend, or any other romantic relationship.
Domestic violence cases are charged with assault, or assault causing bodily harm because there is no specific law against domestic violence. If you are accused of domestic violence, the chances of the charges sticking are high because the accuser’s oral evidence weighs heavily on the case.
An assault lawyer can help you beat domestic violence charges in several ways. The assault lawyer can show that the accuser is dishonest and making the accusation out of malice. The lawyer can also negotiate with a prosecutor to drop the charges in preference of a lower charge. The lawyer can also show that your criminal record does not warrant the type of accusations being made against you. There is also the option of being placed under a peace bond.
Serious Assault Cases
Not all assault offenses are charged equally. When an assault results in injuries where the skin or bones are broken, or a permanent scar occurs, the charge is ‘assault causing bodily harm.’ When the assault disfigures, maims, wounds or endangers the life of the complainant, this is taken as an aggravated assault. This is often seen in cases of stabbing or shooting. When an object is used in an assault, the case can be prosecuted for an ‘assault with a weapon.’ The object can be ordinarily harmless objects such as a cellphone.
Defending Against Assault
An assault lawyer will defend you against these charges in 3 ways: showing that it wasn’t you, showing that the accuser has consented to the touch, and showing that you were acting in self-defense. Our lawyers are perfectly capable of using any of the three approaches to beat the charges against you.