Serious Impact of Colonial Heights Assault Charges
Colonial Heights law enforcement takes charges of assault very seriously. Since assaults are misdemeanors, in most instances, the officers are arriving at the scene of the crime. Officers can only arrest someone for a misdemeanor offense if the event occurred in front of them and they were able to witness it, unless there is some kind of imminent threat or probable cause that one party assaulted the other.
The police may give the defendant the ability to press the charge themselves. From there, the determination of the case depends on the particular circumstances. There is a serious impact of Colonial Heights assault charges for those who have been accused, which is why you need to hire an experienced lawyer if you are facing an assault offense.
Burden of Proof
The prosecution has to prove that an assault occurred or there was some kind of touching or somebody put someone in fear of imminent harm. They have to prove that the defendant is the one who actually committed the act. And they also have to prove that whatever the action was that put the alleged victim in fear of harm is reasonable.
An unreasonable act will not rise to the level of assault. For example, an individual cannot allege that someone threatened to hit them with a pillow. It is generally understood that a pillow is not going to cause harm. Unless there are extenuating circumstances, the act of threatening to hit someone with a pillow is not going to put someone in imminent fear of a battery occurring.
However, actually hitting someone with a pillow with the intent to do them harm can lead to a battery charge. In a battery case, an individual does not actually have to harm somebody, they just have to make a rude or unwanted contact with the individual and they have to have intended to do the other person harm.
Imitation from Facing Assault Charges
Assault charges are similar to DUIs in that they are charges that can happen to anyone. Most of the time when people think of just crime or criminals, they assume that that person who is the criminal is someone who is evil or someone who preys on people. They think of criminals as drug dealers, robbers, and do not see themselves as people who can become criminals.
There are certain crimes that can make anyone a criminal if an individual is not careful. People commit crimes when they make exaggerated threats and say something they do not literally mean, they just got mad and said it.
Most fights can lead to assault charges. Arguments can lead to assault charges. Spitting can lead to assault charges. A push can lead to an assault charge. These charges are intimidating to people because they can happen in such a variety of relatively common situations. When somebody considers themselves to be a regular, law-abiding citizen, the thought of being charged with a violent crime is terrifying. And the serious impact of assault charges in Colonial Heights is that it could lead to up to 12 months in jail and a fine of $2,500.
Benefits of Having an Attorney
If an individual goes about the assault charge process alone, they can find themselves in a situation where they may be facing significant jail time. It is important for the defendant to have an attorney who is familiar with the judges in the area. Lawyers know the possible ways that an individual can come out of an assault case without having a violent crime conviction on their record. A person wants to have an experienced attorney who is ready to try any assault case should the case go to trial.
It is also vital to obtain an attorney because the other side involved in assault cases, the commonwealth attorneys, judges, et cetera, are dealing with these types of cases all the time.
If someone goes about trying to handle this matter themselves without an experienced attorney, they are going to find themselves fighting in a room full of experienced individuals who are interested in obtaining a conviction. To have the best opportunity to avoid the serious impact of Colonial Heights charges, call an accomplished attorney as soon as possible.
