Assault is a violent offense, even when there is no physical contact. People often downplay assault charges, particularly if the victim remained unharmed. However, such an oversight could be detrimental to your future.
Contact a dedicated criminal attorney immediately if you are arrested or face charges of assault. A Hays assault lawyer at Addair Law could use their experience and skill to secure the most favorable outcome the evidence allows.
The Legal Elements of an Assault Charge
According to Kansas Code § 21-5412, an individual commits assault by intentionally or recklessly inducing reasonable fear of imminent physical harm. Establishing an assault charge requires multiple components. A savvy Hays assault attorney could counter a charge by focusing the defense on disproving evidence.
Physical contact is not necessary for someone to be charged with assault. The capability to execute the threat immediately suffices as assault. The alleged victim’s fear must be reasonable, meaning the threat of violence must be plausible and grounded in the potential for harm if executed.
Intent is vital—if someone accidentally puts another person in fear of imminent harm, there is likely no crime. For instance, a restaurant cook holding a knife who stumbles and nearly stabs a co-worker is not guilty of assault, despite the colleague’s legitimate fear of imminent harm.
An attorney could help fight back against an assault charge by picking apart elements of the State’s case. Intent is one piece of a criminal case that can often be contested. Without a confession or other explicit evidence of intent, prosecutors could be willing to negotiate an assault charge for a non-violent offense.
The severity of an assault charge, whether a misdemeanor or a felony, hinges on many factors. All assaults are considered “person” crimes under Kansas state law, which carry harsher penalties than “non-person” crimes because of the possibility of injuries. Simple assault, aggravated assault, and assault on a police officer are some of the most common types of charges our Hays attorneys see.
Simple Assault
When someone threatens another person without a weapon and inflicts minimal physical harm, the resulting charge is usually simple assault. This amounts to a Class C person misdemeanor with a potential sentence of 30 days in jail and a $500 fine.
Aggravated Assault
Threatening another person while armed with a weapon or dangerous object is aggravated assault. Aggravated assault is a Level 7 person felony, bearing penalties of up to two years in prison and a fine of up to $100,000.
Assault on a Police Officer
Assault charges intensify when the alleged victim is a police officer. Simple assault against an officer amounts to a Class A person misdemeanor, punishable by a one-year prison sentence and a $2,500 fine. Aggravated assault escalates to a Level 6 person felony, which can carry up to 46 months behind bars and a $100,000 fine.
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Contact a Hays Attorney When You Are Charged with Assault
Assault charges are not something that you should take lightly. Even a misdemeanor conviction will remain on your permanent record, leaving you facing the effects of this single mistake well into the future. To avoid this fate, it is critical to do all you can to fight charges with a skilled attorney.
An experienced Hays assault lawyer at Addair Law understands the impact of an assault conviction. We could use our knowledge and skills to achieve the best results.
Contact us to discuss your options with a dedicated member of team.
