This professional represents a person who has been charged with assault, which could be felony or misdemeanor assaults. They also represent clients that are charged with battery. The combination of assault and battery will often have a penalty of jail time. The job of the assault defense lawyer is to keep their client out of jail or have the amount of time they would be given if they were found guilty reduced. The lawyer will often try to enter into a plea bargain agreement with the prosecutor if their client will have to pay a fine if found guilty.
What is assault?
Battery is physical contact with another person with the intent to harm them. Many times if a person commits battery, they are charged with assault. They can also be charged with assault even if there is no physical contact. To be classified as an assault using a deadly weapon is not necessary. If they do use a deadly weapon then it may be classified as a felony.
What an assault defense lawyer does
When the assault defense lawyer is defending their client it will be their job to show evidence that their client was not intent on causing harm. If the lawyer can prove the physical contact would have not been intentional but accidental they may be able to defend their client successfully. When handling assault cases they want to highlight the facts in a way to prove the client’s innocence. This is why many assault defense lawyers will often insist that the one accused contact them before speaking to any investigators or the police. The goal of the assault defense lawyer is to minimize the fact-findings that would be used against their client during the trail. Early in the process, the lawyer may be able to convince the prosecutor to dismiss the charges against their client.
Type of common assault case
Self-defense is in which a person is charged with assault when they have attempted to defend themselves from an attack. It is the job of the assault defense lawyer to show that their client was in fear of imminent bodily harm. One example is if a burglar would break into a home during the night and the homeowner hits the burglar with a baseball bat. In this situation, the lawyer can use self-defense as a legal defense. The assault defense lawyer will often be able to negotiate with the prosecutor in this case to avoid going to trail.
As with any branch of law an assault defense lawyer must have a bachelor’s degree and pass the bar exam in order to obtain their license to practice law. They can open their own practice or work for a law firm.