Allegations of assault range from Attempted Murder to Misdemeanor bar fights.
Prosecutors, politicians and judges have dedicated their efforts to try to ensure severe penalties for “violent criminals.” If you are charged with any kind of assault, they’re aiming at you. You need an attorney to defend your interests. Watch out; they don’t even have to prove that you hit or hurt anyone, just that you caused fear of bodily harm. Prosecutors will push cases, even when the victim doesn’t want to press charges.
Severe penalties include:
First time Assault With a Gun – 3 years prison (no time off for good behavior)
Assault on a Police Officer Causing Any Injury (possibly even a small bruise or scratch) – It’s a Felony.
Domestic Assault – No big deal. RIGHT? WRONG! If you plan to plead guilty to help you “kiss and make up” you should also cancel your future hunting trips, unless you only hunt with a bow and arrow. It is a federal offense for a person convicted of domestic assault (even a misdemeanor) to possess any firearm. Even if you don’t hunt, the penalties are more severe than you imagine (even after you have heard the sentence and think that’s all). Some think they can defend themselves on a domestic assault. Unfortunately, people accused of Domestic Assault generally are involved personally and emotionally and cannot expect to evaluate their cases objectively. If you are considering self-representation, first consider the following: have you ever studied the Rules of Evidence? Start at Rules 801, 802, 803 and 804 (hearsay not admissible unless it isn’t hearsay and unless it is admissible under 26 specific exceptions and two “catchall” exceptions that may or may not be very important in litigating your case). Then move on to the criminal statutes, the Rules of Criminal Procedure, and then you can start reading the cases from our appellate courts (the cases start in the 1800s). Then do you really know which judges may be more receptive to your case (whether it is a case for victory or mercy)? It is very unwise to go to court alone in such an intensely personal case. You need an objective, aggressive and knowledgeable attorney.