Assault Defense Attorney in Aurora
Assault can be defined as “the intentional application of force to a person without their consent”. Thus, assault charges can be laid in a wide variety of situations ranging from very minor applications of force, like grabbing someone, to much more serious actions, like kicks, punches, and even choking.
People are also often surprised by the fact that the decision to “drop” the charges does not belong to the complainant. Technically, once the police decide to lay the charges, the complainant becomes just another witness in the case that the police and the prosecutor are pursuing. The prosecutor is the only person who can decide whether to drop the charges. Prosecutors are experienced government lawyers who will only drop the charges if there is insufficient evidence to prove their case beyond a reasonable doubt.
Common Assault Charges
Assault and Threat charges are the most basic, and the most common types of violence charges. Unlike many other charges, the substantive evidence against you does not come from the police. The case will likely come down to the testimony of the person who says you assaulted him or her, and of course your evidence on the point. When reflecting on the incident, be sure to write down as much as possible about your interaction with the person against whom you are alleged to have committed an offence. Document injuries you have suffered, telephone calls made, and damage done.
The most minor types of assault cases are handled in municipal courts. These do not include injuries and only require a showing that force was used. The next level is a third-degree assault. These types of cases require a showing a simple injury. The more sever the injuries, the more sever the charges. A case involving serious bodily injury, for example, would result in a second-degree assault charge.
Offences that are typically associated with assault and physical violence, and are considered more serious, include the following:
- Assault of Police Officer
- Assault with a Weapon
- Assault Causing Bodily Harm
- Sexual Assault
- Break and Enter to Commit Assault
- Unlawful/Forcible Confinement
Bail Conditions for Assault & Threat Offences
If you are released while your charge works its way through the courts, you can expect to have the following conditions imposed:
- No communication with the alleged victim (this includes calling, texting, e-mailing, meeting, or passing messages through another person)
- A “no-go” condition banning you from going anywhere near the alleged victim’s home or place of work
- No weapons
- No drugs or alcohol if the police or Judge has reason to believe you were under the influene of intoxicants when you committed the crime)
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