Keeping your hands to yourself is a core concept in the law. The most basic violation of this rule is an assault. An assault occurs whenever another person makes physical contact with another without their consent.
Usually, assault is classified as a misdemeanor offense. However, aggravating factors such as causing serious bodily injury, using a deadly weapon, or allegedly attacking a child result in felony charges. In such cases, the court can issue more the much more severe penalties that result from felony convictions.
A Concord assault lawyer could help you to contest allegations that you have committed an assault on another person. A knowledgeable criminal defense attorney could debate whether the necessary physical contact occurred or argue for a reduced sentence under a less serious assault charge.
Assault has three degrees under New Hampshire law. An experienced lawyer could provide more information about the versions of assault allegations under state law and help you build defense against the State’s criminal case against you.
The legal definition of an assault is present in the state’s criminal code. According to N.H. RSA 631:2-a, a simple assault occurs when a person:
Simple assaults usually result in misdemeanor charges, meaning that a court can issue a jail sentence of no more than one year. If the assault occurred as the result of mutual combat, the offense is a violation which is unlikely to result in jail time.
NH RSA 631:2 defines second-degree assault as causing serious bodily harm to another, recklessly causing bodily harm using a deadly weapon, or assaulting a child under the age of 13. A second-degree assault is a Class B felony.
The worst allegations involve purposely causing serious harm to another, causing injury that results in miscarriage, or causing serious bodily injury to a child under the age of 13. NH RSA 631:1 labels this behavior as first-degree assault, which is considered a Class A felony.
People who are facing allegations involving assault need to take these charges seriously and act quickly to defend themselves within the legal system. The most straightforward way to accomplish this is to dispute whether the defendant is a t fault for the alleged incident. If witnesses can assist the defendant in demonstrating that they acted in self-defense, or otherwise acted reasonably under the circumstances, that may open up opportunities to defeat a criminal charge or provide leverage to seek less severe penalties..
Another potential way to help people facing assault allegations is to argue for a reduction in the severity of charges. While there may be little doubt concerning whether a person struck another, there may be a lack of evidence concerning the presence of a weapon, the severity of injuries, or if the act could be considered self-defense. A competent attorney in Concord will perform a full investigation into the incident to determine which defense strategy works best for each specific person facing assault allegations.
Allegations involving assault have the potential to affect every aspect of your life. Even a simple assault can result in a criminal record and hefty fines. Felony assault cases can result in extended prison time and permanent loss of civil rights, like the right to own a firearm.
Defending oneself against assault charges can be a complex undertaking. Several factors including the identity of the alleged victim, the extent of injuries, the use of a weapon, and whether the act is deemed self-defense may all play a role. Let a Concord assault lawyer take the lead in protecting your future after an arrest for assault. Reach out today.