Phoenix Assault Lawyer
While you do not want to find yourself on either end of an assault charge, it is important to know what qualifies as such and is vital to finding an assault lawyer Phoenix AZ trusts.
An assault may not involve physical contact, yet can still qualify even if there was intent to harm but no contact was made. If the victim was in a situation where he felt he was about to be harmed in some way, it may still fall under the definition of assault. Due to the minor details in what is considered an assault charge or not, consulting your assault lawyer in Phoenix AZ is important so they can go over these differences with you. Even personal attacks with only the use of words can be under the category of assault.
Many people who find themselves victims in assault situations do not know they have the right to sue in order to cover any damages they suffered. Assault and battery are often closely used together, and can be easily confused. Battery can occur when physical contact has been made with intent to harm. A Phoenix assault lawyer can assist in ensuring you properly submit your claim under the most fitting definition.
Things to consider — below are elements of proof for assault:
- Harm: physical threats or contact that is unwanted/offensive (ex: sexually implied touch)
- Reasonable Apprehension: victim perception that harm is going to be caused; may occur with or without them being aware (ex: aiming a weapon from behind)
- Intentional: threats or behaviors that cause fear of being harmed, which is immediate and has intent (accidental acts are not assault)
The assault legal definition can vary between states, which your Phoenix assault lawyer can also help you with identifying. Some states may consider assault an increasingly serious offense if it was acted upon those in law enforcement or public service, teachers, firefighters, medical practitioners, etc. Additionally, harsher laws may be used for those who commit assault on those they live with, family members or domestic partners, or based on religion, race and/or sexual orientation. Discussing these issues with an assault lawyer Phoenix AZ relies on about your classification may bring you more justice in court.
A jurisdiction may break down assault into many levels:
- Aggravated Assault – intent with a dangerous weapon, where the victim may be severely harmed
- Second Degree – may not be as serious as an aggravated assault, and can include use of a dangerous weapon
- Third Degree – can be mental, emotional trauma but not physical harm, or attempts with intent that failed to injure the victim
- Simple Assault – states that do not separate assault charges into various levels may divide into only a couple categories: simple (can be reduced to misdemeanor) or aggravated assault.
Witnessing your assaulter in court can be emotional, confusing and scary. Having an assault lawyer Phoenix AZ respects to represent you in court may alleviate any uncomfortable feelings and ensure you are receiving proper compensation for your injuries.
With the various degrees of assault severity and definition, finding a consultation may be an immediate choice for you. In our popular culture, assault definitions and qualifications can be misleading or misrepresented. An assault lawyer Phoenix AZ trusts from Lorona Mead can clarify for you any questions or ease concerns, so you feel confident and well-informed throughout your claim process.