Of the many nuances and complications of law, the definition of "assault" and who can be charged with it is one of the more ambiguous and broad areas. To many, the idea of assault conjures images of fighting, brutality, and violence. This, however, is not always true, as many find out when they are charged with misdemeanor or felony assault. In addition to this, assault - especially felony assault - is a conviction that brings with it a strong possibility of actual jail time and continued stigmatization even after release from jail. Some forms of felony assault, such as assault with intent to commit murder, bear the possibility of a life sentence upon conviction! Even assaults committed without the use of a weapon or intent to to great bodily harm (fights, scuffles, etc.) may bear a sentence of over 3 months in jail, depending on your sentencing guidelines, which take into account your "prior record variables" for your previous criminal record as well as the "offense variables," which take a detailed account of this particular assault that you are accused of .
Moreover, if the assault involved a weapon, penalties can become far more severe and may include prison time, depending on your guidelines. In addition to all this, if the circumstances of the assault are such that prosecutors feel an intent to steal was present (according to the legal definition of intent to steal, which may diverge from actual intent) potential sentences rise to 15 years of imprisonment.
In addition to the prison time itself, any of these assault convictions take an immense toll on the accused whether they are guilty or not, their family and friends, their job, and possessions. The justice system is not a process to be taken lightly, especially in the various types of assault cases, without risk of severe potential consequences. If you or someone you know is charged with any form of assault, including domestic assault, contact the Law Office of Brian Prain immediately to schedule a consultation and receive the legal help that your future may depend on.