People often use the terms assault and battery interchangeably, but they are distinct offenses. Assault involves placing someone in fear of imminent bodily harm, while battery involves physical contact with a person.
Although assault does not require the state to prove physical contact, it is still a criminal offense that should be handled by a diligent assault attorney. An assault conviction can have substantial penalties and impact your life beyond potential prison sentences or fines. It could keep you from finding employment or housing and even affect your eligibility for scholarships or grants. A Junction City aggravated assault lawyer could evaluate your case, investigate the evidence against you, and develop a strategy to achieve the best possible outcome.
The Imminent Fear of Bodily Harm
According to Kansas Statutes Annotated § 21-5412, assault is defined as intentionally placing someone in fear of imminent bodily harm. Physical contact is not required for an assault charge. However, even if physical contact occurred, which could lead to a battery charge, the state might still charge a person with assault.
Aggravated assault is a more serious charge than simple assault because there is a greater potential for severe violence. For example, using a deadly weapon like a gun or knife during an assault can elevate the charge to aggravated assault because the alleged victim may experience more fear of severe bodily injury or death.
Deadly Weapons
The definition of a deadly weapon is quite broad, focusing primarily on whether an assailant could kill a person with the weapon. Practically speaking, this includes any hard or sharp objects. However, other objects could be deemed deadly weapons, depending on the circumstances. For example, while a pillow may not be considered a fatal weapon in most cases, using it to smother someone could qualify as aggravated assault.
It is vital to share all details of the alleged victim’s claim with a seasoned lawyer. Doing so helps an aggravated assault attorney in Junction City avoid surprises during negotiations or trial.
Felony Charges and Long-Term Consequences
Aggravated assault is classified as a level seven felony offense, which could lead to a prison sentence of up to 34 months. Additionally, this offense will remain on a defendant’s criminal record for at least three years.
The civil consequences of an assault charge can be significant, potentially leading to job loss, impacting custody decisions, and exposing someone to financial liability.
Violent Offender Registry
Most states have sex offender registries, requiring people convicted of certain sex offenses to register as offenders. However, the state also has a violent offender registry, which, although not mandatory, a judge may impose for up to 15 years. This registration appears on background checks even if the conviction is not reflected. Furthermore, while some aggravated assault charges may be expunged, they cannot be removed while a person is on the violent offender registry.
An aggravated assault lawyer could advocate for a defendant’s best interests, help manage the implications of the violent offender registry, and work to reduce or dismiss their charges in Junction City.
The ideal scenario is to have the charges dismissed. A meticulous Junction City attorney skilled in handling aggravated assault cases may be able to do this if the state has insufficient evidence to prove the offense or if there were procedural errors in the arrest or investigation. However, getting a dismissal could be challenging if the state has adequate evidence.
Probation is another option. A judge may consider a defendant’s prior criminal history and the circumstances of the alleged offense. The judge may grant probation if they believe the community will remain safe with the individual on probation. However, if a firearm was involved, sentencing guidelines mandate prison time. Negotiating for a lesser charge, such as assault, might help a defendant avoid prison time.
Consult With a Junction City Aggravated Assault Attorney
Aggravated assault charges are serious. Even without a conviction, a charge can impact your reputation and employment opportunities and have other civil consequences. It is essential to seek the help of a Junction City aggravated assault lawyer.
An attorney could help you understand the charges, explore defense strategies, and advise you on potential resolutions. Schedule a consultation to learn more about your options.
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