Misdemeanor Defense Attorney

1
Misdemeanor Assault and its Legal Aspects

• What is misdemeanor assault? Assault is typically
  defined to be intentionally subjecting a person
  to a situation where there is a possibility of
  harmful or physical contact. Misdemeanor assault
  is simple assault or the attempt to commit a
  battery. It can also be creating fear in another
  person of being harmed. Some examples of
  misdemeanor assault include kicking, poking,
  taunting, verbal abuse and even biting.

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• Hence, if a person swings a fist at another it is
  considered as misdemeanor assault as it has been
  done with the intent of creating fear. It is
  critical to note here that there need not be
  physical contact to find a person guilty of
  misdemeanor assault. Just the threat to assault
  and causing reasonable fear of injury or harm in
  another is enough for conviction.
• Defenses to Misdemeanor assaultFacing a
  misdemeanor assault charge does not necessarily
  mean a criminal conviction. It has to be proved
  by the prosecution beyond a reasonable doubt that
  the offense was committed. There are a number of
  defenses that are available to the charged and
  only an experienced and expert misdemeanor
  defense attorney will know the many legal options
  to get the accused off the hook. This is why it
  is essential that an attorney is contacted at the
  earliest in case of a charge of misdemeanor
  assault.

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• Some aspects of legal defense include
•  Self Defense??The defendant has to prove that
  the assault was in self-defense, that they were
  first threatened and that lead to an equal
  response. 
•  Lack of intent??It has to be proved that the
  physical act was not accompanied by the intent to
  create fear in the victim and that it was purely
  an accident with no malicious intent.
•  Defense of others??The defendant may use force
  to defend a person other than the plaintiff but
  it has to be proved that the person who was
  attacked is entitled to self-defense.

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•  Defense of property??A reasonable amount of
  force may be utilized to defend property from
  intruders but it should not be deadly force
  unless the intruder too threatens the
  same. Consent??The victim should have
  consented to a certain degree of misdemeanor
  assault as in martial arts or other sports
  competitions.
• Some States in the USA allow the use of
  reasonable force when making a citizens arrest
  or to prevent an act of crime.

5

• Legal Consequences of Misdemeanor Assault
• Individual States in the USA have different laws
  about misdemeanor assault and the consequent
  punishments. Generally, an assault charge leads
  to jail time up to a year at a local county jail
  and not in federal prison, fines ranging from a
  few hundred to a thousand dollars, or
  rehabilitative measures such as community service
  and mandatory anger management therapy.