A common assault charge could be intimidating, and when taken to court, you will be surprised how broad a manner of conduct can amount to an assault. Common assault happens when someone recklessly or intentionally uses violence on another party. Regardless of the degree of the common assault, you need Sean Fagan, Criminal Defence Lawyer, to offer you legal expertise and advice.
You can still be charged with a common assault charge even when the violence didn’t occur because it also includes actual fear of the violence. But with the help of a criminal defense lawyer, you will know where your case stands and the legal options available in your common assault charge.
What is a Common Assault Charge?
Common assault can range from impacting the victim with a fear of violence to recklessly causing them harm. Harm is the unlawful physical act of violence towards them.
Here are common assault examples:
- Punching, pushing, or kicking the victim.
- An attempt to strike a victim, even if you didn’t physically hit them. You caused the other person to fear immediate violence.
- Pointing to a person with a loaded firearm
- Spitting at a victim
- Unlawfully imprisoning a person
How Severe is a Common Assault Sentence?
The common assault offense is also referred to as “TABLE 1, “and it’s held in local court; since it’s a criminal offense, the prosecution has the burden of proof to prove the accused’s guilt. The seriousness of the charge depends on various factors.
The court must follow all the guidelines or have exceptional reasons not to. The prosecution must identify what makes the case severe or less serious; they will also assess the severity of injury inflicted on the other person. The prosecutor will investigate if the accused repeated the assault.
To determine to what degree the offender was responsible for the common assault, the court must rely on various mitigating factors. Was the common assault premeditated, was it motivated by factors like race, disability, or sexual identity of the victim?
When the court finds the assault was premeditated from the mentioned factors, the offender will likely face a more severe sentence.
Other factors will lead to an increase in the severity of the assault sentence. They include:
- Targeting a vulnerable person like a senior citizen
- Use of Weapons
- The accused assaulted the victim under the influence of drugs like alcohol
- Assault committed under an abuse of power or taking advantage of the position of trust.
Factors that Might Mitigate our case
Some factors might mitigate your case. They include:
- The assault was a result of one blow
- If the common assault is an isolated case
- The offender:
- Showed remorse after assault
- Has a good character
- Has a severe medical condition
- Has a mental disorder or lacks maturity
- Is the primary caregiver to the relatives
Another thing that will make the common assault offender get a reduced charge is if they plead guilty. It’s called a Reduction in Sentence Credit; several factors are considered before crediting the guilty plea. For example, when the offender pleads guilty to their charge, this may affect the charge up to one-third of the sentence.
What are Offenders’ Options When Charged with a Common Assault Charge?
After your criminal defense attorney assesses your case, they can defend you if the prosecution cannot find elements of common assault. There are other non-conviction options your attorney can explore for these assault charges.
- Your attorney can negotiate with the prosecutor (plea negotiation) to either request the charge to be withdrawn or downgraded.
- They can also plead not guilty to go to trial and persuade the court that the prosecutor cannot prove the case beyond a reasonable doubt.
- Plead guilty to the charges, then dispute the facts for a reduced sentence.
- Plead guilty with acceptance of case facts, but request the court not to record your criminal conviction.
Types of Common Assaults
Although there is a wide range of assaults, others are more specific, like assaults involving race and religion. You might be charged with a maximum of two years of custody term.
Here are other common assaults that are most common:
Assault by Beating
When an offender beats the victim, the crime may be referred to as using unlawful force because of the battery. If the victim didn’t suffer an injury, the sentence might fall under common assault, and the court will follow appropriate sentencing guidelines.
An Assault on an Emergency Worker
If the offender assaults an emergency worker, like a police officer or a paramedic, the sentencing will follow the guidelines under assaults on emergency workers offenses.
Some common assault charges will end with sentencing, while others won’t. But if you’re charged with common assault charges, contact a criminal attorney to help defend your case and get you the best possible outcome. Although those assaults are the least serious offenses, some common assaults are considered serious crimes.
