Lakewood Assault Defense Lawyer

Assault charges are fairly common, but many do not realize how these charges vary across different cases. A defendant may be charged with less serious forms of assault or severe forms where injuries are harsher and weapons may be present. To understand your charges and what you are up against, you need to speak to an attorney.

Charges may be for assault in the first, second, third, and fourth degree, and the penalties change depending on the severity of the case. The best defense depends on the nature of the alleged crime. You might dispute your alleged intent to harm, the presence of a weapon, or other aggravating facts of the case. Alternatively, you might argue that the victim was the aggressor, and you were defending yourself. Your lawyer should help you determine the best defense possible.

Call the Law Offices of Smith & White at (253) 525-8036 and ask for a confidential initial case evaluation from our assault defense lawyers.

Possible Assault Charges in Lakewood

Assault covers a broad spectrum of offenses involving acts of violence. Our assault defense lawyers may craft an effective defense strategy for you based on the degree of assault you are charged with.

Assault in the First Degree

Perhaps the most serious form of assault is assault in the first degree. Generally, this charge may apply if several specific conditions are present.

First, the defendant must be believed to have intended to inflict great bodily harm. Second, they must assault someone with a gun or other deadly weapon with force likely to produce great bodily harm or death.

Alternatively, the defendant, with the intent to cause serious harm, must infect a child or vulnerable adult with HIV, cause someone to consume poison, or actually inflict great bodily harm.

Under the law, assault in the first degree is a Class A felony.

Assault in the Second Degree

Assault in the second degree may be charged under numerous circumstances:

• The defendant is believed to have intentionally assaulted someone and recklessly inflicted bodily harm.
• The defendant intentionally and unlawfully caused harm to an unborn child by intentionally assaulting and harming the mother.
• The defendant assaults someone with a deadly weapon.
• The defendant causes someone to consume a poisonous or toxic substance.
• The defendant assaults someone with the intent to commit a felony.
• The defendant knowingly causes harm that causes pain or agony equivalent to torture.
• The defendant assaulted someone by suffocation or strangulation.

Assault in the second degree is a Class B felony except when there is a sexual motivation, in which case it will be a Class A felony.

Assault in the Third Degree

Assault in the third degree may be charged in cases where the victim belongs to a specific group of people.

If the defendant is accused of assaulting a court officer, transit operator, school bus driver, firefighter, law enforcement officer, or a health care provider, they may be charged with assault in the third degree. Typically, the victim must be in the course of their normal job duties when the assault happens.

Charges also apply if the defendant allegedly used a weapon or instrument likely to cause harm, or they caused pain that extended for a longer period through criminal negligence.

This form of assault is usually charged as a Class C felony.

Assault in the Fourth Degree

The statute for assault in the fourth degree does not contain any specific requirements for the offense to be committed. Instead, it is a catch-all offense that may include any form of assault that does not amount to assault in the first, second, or third degree.

Assault in the fourth degree is charged as a gross misdemeanor. However, in cases arising after March 18, 202, if the assault is proven to involve domestic violence, and the defendant has at least 2 prior adult convictions within the last 10 years of crimes involving assault, harassment, or domestic violence, they may be charged with a Class C felony.

Penalties for an Assault Conviction

Penalties for assault charges may involve serious incarceration, and you should get help from a lawyer right away.

A class A felony, which may apply in cases of assault in the first degree, may be punished with a term of life in prison, a fine of $50,000, or both.

A Class B felony may be met with a prison term of 10 years, a fine of $20,000, or both.

A conviction for a Class C felony may result in 5 years in prison, a $10,000 fine, or both.

Finally, gross misdemeanors may be punished with a jail term of up to 364 days, a fine of $5,000, or both.

How to Fight Assault Charges in Lakewood

Assault charges can be intimidating, but they are not set in stone, and you have a legal right to defend yourself. Your defense should be tailored to your unique needs and the facts of your case, and a lawyer can help you get started.

Some assault charges require that the defendant intended to cause harm. As such, you defend yourself by arguing that you did not intend to cause harm. Intent can be hard to prove one way or the other since it is completely in your head and not something anyone can see. Even so, we might present evidence that your actions were accidental or that you did not believe your actions were dangerous.

If prosecutors claim that you used a weapon to commit the assault, we can argue otherwise. If there is no evidence of a weapon or the evidence is very weak, we might persuade prosecutors to reduce the charges or even drop them.

Defendants might also dispute the degree of harm caused to the alleged victim. When serious injuries are involved, charges tend to be harsher. If we believe the victim’s injuries are exaggerated, we may fight the charges.

Talk About Your Case Now with Our Lakewood Assault Defense Attorneys

Call the Law Offices of Smith & White at (253) 525-8036 and ask for a confidential case evaluation from our assault defense lawyers.