Assault can be the slightest unconsented touching. Assault can even be charged where there was no contact between two individuals of the victim claims he or she believed that the other person intended to hit him or her. The definition of assault leaves much room for mischief and abuse. Assault is often charged in domestic argument situation, and often times the police are called in order to get the police to tell the domestic partner to behave. That doesn't happen. If the police are called to a dispute, there is likely to be a charged laid against one of the parties and sometimes both. It is better to steer clear of calling the police unless you are certain you want someone to end up in jail.
Assault causing bodily harm is an application of force that results in an injury that is not trivial or fleeting, but is also not permanent. Aggravated Assault is an assault that causes a permanent wounding, or maiming. Causing a disfiguring scar, or other lingering painful injury can be charged as Aggravated Assault.
We have defended several hundreds of the various Assault charges. In one case, our client was charged with taking a tire iron out of his car and beating a man with it. By the end of the trial, through cross-examination of the complainant, it emerged that the complainant had been harassing and threatening a young woman, who our client was trying to defend. The complainant attacked him and our client defended himself and the young girl.
The judge dismissed the case against our client and said that he was very sorry that our client had been charged and brought to trial. As you can imagine, this rarely happens. It is a testament to a good defence by good lawyers.
You have heard that you have the right to remain silent. You do have the right to remain silent and you should use that right. This si the most important piece of legal advice that you will ever get and it is fee. Never provide any information to a police officer. Understand that nothing you say will be used for your benefit. It will only be used against you. Usually the police tell you that anything you say can and will be used against you in a court of law.. If the police are talking to you it is because they want to get you to say something that they can use. If the police are talking to you they want you to talk because they need you to say something. Don't. The only thing that you should ever say to a police officer is: "I want to talk to my lawyer. I have nothing to say to you." Say this and only this over and over and over..
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