Other common violations include: A serious bodily injury is defined as a severe, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. In addition to potential jail time, a guilty plea or a conviction for either of these charges can expose an individual to Megan’s Law registration requirements, as well as community supervision for life. There are cases when assault with a weapon can lead to the death of a victim. All Rights Reserved. An adult who is 18 years or older can be convicted of statutory rape if they have sex with someone under 16 years old, even if the plaintiff consented. Aggravated assault is an assault where the victim is wounded, maimed, disfigured or their life is endangered. The information on this website is not legal advice and is not intended as legal advice. Individuals charged with sexual assault or criminal sexual contact must do everything in their power to mount a vigorous and deliberate defense. Consent determines whether a crime was committed. The charges will depend on the specifics of the assault in question, as well as the people involved, the attacker’s criminal record, and more. When assault merely follows the above definition without any additional, aggravating factors being involved, it will typically be charged as a simple assault. The types of acts that fall into the category of assaults can vary widely, ... assault. Visiting this website or contacting our law firm does not make Wolf Law LLC your legal counsel. It is known to be charged in a similar manner on the basis of the circumstances. Assault Charges. A fireman is acting within the realm of their duties. Without this understanding, it is virtually impossible to construct a successful defense. An emergency first-aid responder or person in the medical services is acting within the realm of their duties. For conduct to be considered reckless, it must involve actions that display extreme. Domestic Violence Charges FAQ; Domestic Violence Against Men; Drug Charges; DUI and DWAI Charges. Through their legal, occupational, or professional status, the actor has disciplinary or supervisory power over the plaintiff. Aggravated assault is an indictable offence punishable by a maximum of 14 years imprisonment. For example, the plaintiff may have been under the influence of alcohol and misidentified the actor. Being the most basic kind of assault charge in Canada, simple assault can be persecuted in two ways. Below is a brief overview of the various types of assault charges that can be laid. Felonies typically involve penetration, use of force, and bodily injury. Types of Assault Charges in Atlanta. communities of Red Bank, Keyport, Middletown, Neptune, Manasquan, Newark, Toms River, East Brunswick, Jersey City, New York, New York There are several different types of criminal assault typically recognized in most jurisdictions. Anticipating all possible arguments used by the prosecution. The actor is a parent, family guardian, or stand-in loco parentis in the household. The legal system may consider the plaintiff’s character or behavior in deciding the issue of consent. If a crime is serious enough to be tried in federal court, it is likely to be tried in state court as well. Since this is written into the statue, this type of sexual assault is also referred to as statutory rape. Understanding the differences between the four types of assaults is crucial to building a solid defense. City, The Bronx, Brooklyn, Manhattan, Queens, and Staten Island as well as all of Monmouth County, Ocean County, Middlesex County, Even if the actor and the plaintiff engaged in prior consensual acts, it can be difficult to prove without a doubt that this particular act was also consensual. The act is committed during robbery, homicide, or a similar type of crime. If the assault in the above situation results in bodily injury to the public official, the charge is a third-degree offense. A person who is assaulted can sue the attacker in civil court for medical expenses, lost wages, and in some jurisdictions, punitive damages designed to punish the attacker. Cases involving serious injury, opposed to simple injury, result in a fourth-degree assault by automobile charge. Any Family Services and Division of Youth employee. Other legal strategies for mounting a sexual assault defense include the following: Establishing Innocence: Defendants are innocent until proven guilty. Complaints and indictments of aggravated assault can occur in many different situations. Have more questions about representation on an assault charge? As the name suggests, this act involves the use of a weapon and serious injuries or lifelong physical disabilities can occur. Lack of consent can be established by the use of physical force, coercion, and if the plaintiff was a minor, under the influence, or was incapacitated. These cases may involve human trafficking of children, exploitation of children in creating or distributing child pornography, or sexual crimes that cross state lines. Attorney Advertising Materials. If the assault was committed in a fight that both parties entered into with mutual consent, the assault is considered a petty disorderly persons offense. A lawyer needs only to convince the jury that there is a reasonable doubt of guilt to get an acquittal. Assault doesn’t require physical contact, but it requires more than just words in Georgia. Second-degree assault. Don’t hesitate to call Wolf Law today at (720) 321.9678. New Jersey law contains specific provisions for assault cases involving automobiles. No weapon is used normally in this simple assault. 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