People tend to use assault and battery together, and this has made them feel that they both mean the same thing. According to the law, assault is an international tort and is one that can be both in a criminal lawsuit and a civil lawsuit.
Every state possesses statutes against assault. If it is taken to a state court and a person is found guilty, the penalties could be jail time or fines.
Since assault is different from the battery, one may want to know what their differences are. Assault is when a threat or attempt is made at a person to make the person feel that he or she will be harmed in the future.
As for the battery, it is seen as an extension of an assault. If someone touches the person or harms someone physically, it is a case of battery. In some cases, it may end in an assault, and in other cases, it can worsen into a battery case.
An assault is said to have occurred if the following happened:
If someone merely says that they will hurt you, this can't be said to be an assault. It is an assault when he or she takes action. Let's say that he or she picked up a weapon or something else and starts waving it around while threatening the victim, then it is assault.
The harm that had been threatened should seem real. Let's say that if you called someone on the phone and the person is very far from you to threaten him or her, there is a great chance that it won't be seen as assault.
The victim must have an intense fear that he or she will be harmed bodily.
This is one question that people have asked. They want to know if they should divulge everything to their attorney. Before an attorney can represent you, he or she must have discussed the basics of the criminal charges and other things that he or she may be facing.
It is the right of your assault lawyer in Lake Charles to know more about the case to a large extent. He can't advise his client properly or come up with great defenses if he doesn't know everything. Using both the discovery of the prosecution team and the information of the client, it is easy for the attorney to start cooking up a strategy.
There are few criminal defense attorneys that you may meet that do not want to know everything concerning the case, so as not to be boxed into a specific version of what happened. This may be because they may have some ethical limitations. They feel that presenting proof that they know to be not true is not a great idea. They feel that their client commit perjury on the stand is not a great idea.
The rest want to know what happened accurately from their clients. They do not want surprises in the case, hence they need to know everything to be able to cook up a defense strategy. They tell their clients to not hide anything or lie to them.
To this type of attorneys, they understand the fact that if their clients lie to them, the prosecution could spring up the truth in court, and the defense team would be left unprepared.
Knowing the entire story can help the defense team know what strategy will work and what won't work. Let's say that a lady killed her boyfriend and she needs the help of a defense attorney. The attorney will want to know everything. If she tells him the truth about he was always abusing her, how she always had to call the police on him and so on, he could easily cook up a defense strategy based on the history of defense. Based on what was presented to him, he could state that it was an act of self-defense.
Stating that you are guilty to your defense lawyer doesn't mean that you should not take the case to court. Your assault lawyer in Lake Charles might tell you that the case should be in court for some reason.
When you were being arrested, your rights may have been violated depending on how you were arrested. It could that your rights had been violated by the prosecution or the police because of carrying out an improperly suggestive lineup.
It could be stated that the accused was guilty of something else, which is a lesser crime such assault, instead of assault with intent to commit great bodily injury.
It could be taken to court because the prosecution team didn't want to give a plea deal or a reasonable one.
It could be taken to court because the defense team feels that taking it to court will get the defendant better sentencing. This can only occur when the defense team has access to every fact in the case.
An assault attorney that knows everything about a case and the fact that his client did the crime that he is accused of can easily argue in court that is the client is innocent and should be acquitted. The defense team can analyze every part of the investigation done by the police and look for ways to poke holes into the theory of the prosecution team to ensure that reasonable doubt is raised.
Your assault lawyer in Lake Charles is obligated to protect your rights to ensure that those who are innocent won't end up behind bars.
Having a lawyer ensures that your rights and civil liberties are not violated. As a suspect, whether all the evidence in their possession shows that you are guilty or innocent, you have the right to be free of physical coercion of any kind.
If you are facing a criminal charge, it is advisable that you ask for a trusted criminal defense attorney like Carl Barkemeyer to represent you. He has your interests at heart and can cook up strategies for your defense. Contact us today.