Defending Assault and Battery Charges
The potential penalties for assault and battery include community service, fines and incarceration. The severity of the offense determines whether the individual is charged with a misdemeanor or a felony. This has serious long-term implications for your personal and professional life. A criminal defense lawyer Las Vegas can work to get the charges dropped prior to the trial. This strategy eliminates the requirement of going to court to clear your name.
There are several steps that you should take when charged with assault or battery. The first thing you should do is contact our office and request a consultation. It is crucial that you avoid making statements about the case before speaking with your attorney. You should not attempt to defend yourself without the assistance of a criminal defense lawyer Las Vegas. Our professional attorneys have experience in assault and battery cases. We understand the criminal justice system and know how to protect your rights.
Our team will analyze the details of your case. The police report will disclose the type and strength of their evidence. We will determine the best course of action. Assault and battery are separate offenses. The prosecutor must prove specific facts. Assault charges require that the offender intended to cause fear of physical harm. There must be intentional use of illegal physical force to support battery charges. Our team can determine whether the information contained in the police report justifies the charges. State law authorizes individuals to defend against bodily injuries. Your effort to stop a physical attack is a legitimate use of reasonable physical force. If we determine that there is insufficient or flawed evidence, we can file motions to request that the charges be dropped. Other potential reasons to request a dismissal are police misconduct, improper venue or the validity of the court’s jurisdiction.
If our team determines that the facts in your case don’t warrant assault and battery charges, we will request a summary judgment. In this instance, we are asking the judge to render a verdict on the merit of the charges. If the prosecution does not dispute the facts, a favorable decision by the judge could prevent the case from going to trial.