Assault Defense

WEBVTT 00:00:03.720 --> 00:00:06.380 Assault could be three things. 00:00:06.405 --> 00:00:09.720 It could be intentionally, knowingly, or recklessly causing any 00:00:09.745 --> 00:00:11.100 injury to another person. 00:00:11.125 --> 00:00:17.620 It can be that somebody was put in reasonable apprehension of being injured, 00:00:17.645 --> 00:00:22.620 or it can be that somebody intentionally provoked or assaulted that person. 00:00:22.645 --> 00:00:26.140 Those are misdemeanors, and every assault is a misdemeanor unless 00:00:26.165 --> 00:00:30.740 it rises to a felony, and it can be an aggravated assault. 00:00:30.765 --> 00:00:35.340 A lot of people don't know that even if you have no prior criminal history, 00:00:35.365 --> 00:00:38.980 having an aggravated assault charge against you, 00:00:39.005 --> 00:00:43.900 the state can also then allege what's called a dangerous nature allegation. 00:00:43.925 --> 00:00:49.680 That dangerous nature allegation will turn what somebody would normally be, what's 00:00:49.705 --> 00:00:53.580 called probation available at trial, to prison only. 00:00:53.605 --> 00:00:55.900 Mandatory prison time. 00:00:55.925 --> 00:01:00.080 An experienced criminal defense attorney handling an assault case, there are 00:01:00.105 --> 00:01:02.060 many things that that attorney can do. 00:01:02.085 --> 00:01:06.560 One is getting out ahead of it, looking into what the state is trying to 00:01:06.585 --> 00:01:10.200 claim is the assault, whether or not they have all of 00:01:10.225 --> 00:01:12.210 the elements to prove that assault. 00:01:12.240 --> 00:01:16.920 All too often, a prosecutor will try to charge somebody with an assault when there 00:01:16.945 --> 00:01:20.280 is no injury, or they'll add a dangerous nature 00:01:20.305 --> 00:01:23.980 allegation that will change that aggravated assault to prison only when 00:01:24.005 --> 00:01:28.640 there's only particular circumstances that can make that aggravated 00:01:28.665 --> 00:01:30.480 assault prison only. 00:01:30.840 --> 00:01:32.260 Time is of the essence, so there is an urgency. 00:01:32.285 --> 00:01:38.900 If you're charged with an assault, there is evidence that is dissipating. 00:01:38.925 --> 00:01:42.055 There are witnesses whose memories fade. 00:01:42.080 --> 00:01:45.440 When choosing an attorney to get the best representation, when you have charges 00:01:45.465 --> 00:01:51.850 being filed against you, all too often do they overlook vital evidence, 00:01:51.880 --> 00:01:57.120 and you need an attorney who understands that that evidence is out there 00:01:57.145 --> 00:01:59.880 and just needs to be collected.