Hawaii | Simple Assault

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Assault and battery are some of the worst criminal charges that you can face. These are attacks against another person and could land you in jail for a very long time. Each state is going to define these differently so you will have to watch out for the laws that could trip you up if you go to court. For example, some states are going to define assault as using force intentionally against someone else while others don’t require physical contact to be assault. There are also different ways that you can be penalized for the assault depending on how it was received.

If you are being charged with assault, make sure to get the right legal team on your side as soon as possible. A good criminal defense lawyer can ensure that you are given a fair trial and that you are able to get the best results possible.

Victim’s Fear

One determinant that some states will look at in assault cases is the amount of fear that the victim has. The court will have to determine if the victim had fear and if the level of fear was legitimate given the circumstances. Usually this is determined by looking at the actions that the defendant was doing at the time of the attack and then see if this would really be enough to cause fear. If the fear amount seems too over the top, it can be difficult to finish the charges of assault.

Types of Assault

There are several types of assault that you can find. Simple assault is considered the least serious form and usually you are only going to deal with misdemeanor charges when this occurs. There is going to be a minor amount of injury or the threat is pretty limited. Things like slapping, pushing, and other minor infractions like these while arguing would result in a misdemeanor assault. In the states where threatening behavior can be used for assault, it would just be enough to threaten to punch the other person to get simple assault.

If you are charged with aggravated assault, the crime has become more serious. This is because a weapon has been introduced and usually it has caused some kind of serious injury which requires surgery or hospitalization of the person who was harmed. This can be much more difficult to defend against as most people don’t bring a weapon out by chance; it is more likely that this attack was premeditated.

Regardless of which type of assault you are being charged with, it is important to get the right team right away. This can help you to get a better result in court and keeps you out of jail after the incident.

Assault Against Protected Class

While any type of assault against any person is a big deal in most states, if you attack someone who belongs to a protected class, you are in more trouble than before. Those in protected classes include medical care providers, police officers, the elderly, and those who are disabled. These individuals are assisting you when you need help or are not able to defend themselves when you attack. You are most likely going to receive a felony for these kinds of assaults.

No matter what kind of assault you have been charged with, whether it is against a special class, simple, or aggravated, make sure to find the right legal team who is able to help you all throughout the way. They will take a look at your case and determine the best course of action to get you the least amount of penalties and to get your life back on track.

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