Abuse is a serious penalty. The consequences are serious. Knowing the potential consequences and the defense can help criminals to protect their legal interests.
Overview of Assault
In many jurisdictions, abuse is regarded as a separate and distinctive breach of the battery. Others include the battery directive. In traditional terms, abuse is a crime consisting of deliberately causing another person to be in reasonable concern for imminent fear of injury.
Distinct from the traditional definition of battery, usually does not attack the victim who is actually injured. Instead, the offense rests on the perpetrators threatening injury so that the victim is reasonably afraid that such injury will result. The burden of proving abuse is often much lower for an abuse fee, because the prosecutor only needs to show that the victim was reasonably afraid of injury and that the damage could be caused by the defendant. Very often, such claims are supported by the victims testimony during a trial.
Degrees of assaults
Many jurisdictions distinguish different crimes in grade categories. A first grade fee is the most serious violation in the category. It is often associated with much longer prison sentences, greater fines and harder sentences. Crime that has higher numerical degrees, such as fourth grade or fifth degree, is still serious, but they often do not carry as much punishment or involve the factors involved in crime that can make a charge like a first degree or other degree of crime.
Different factors can lead to an overload charge being considered more serious. This may be due to the fact that the assault actually resulted in serious bodily injury. Another factor that may affect the crime line is whether a mortal weapon is used in crimes, such as someone who threatens another while holding a weapon. The victims identity can also increase the potential of crime, for example, if the victim is a peace officer or a minor. A previous criminal history involving assault or battery can also make the crimes more serious.
Potential consequences of conviction
The main consequence of being convicted of abuse is a possible imprisonment period. However, security concerns are often as serious as or more serious than the criminal consequences. For example, persons convicted of crime and especially felonies will have a permanent record of the crime. This information can be acquired by potential employers performing criminal background checks. Attack can be considered a violent crime, so employers may be reluctant to hire someone who may pose a safety risk to customers or other individuals. Similarly, other persons who perform background checks may refuse to help the defendant, for example, a landlord who does not want someone who is considered to be violent to be a tenant. Ambition for career or possible learning opportunities may be denied if such a fee would interfere with the licensing process.
Often, a person convicted of crimes is required to provide a DNA sample, fingerprints and other information remaining on the file. Additionally, individuals who are not citizens may find that such belief can make them removable.
Defense of abuse charges
The availability of potential defense for accusation of abuse depends on the circumstances of the case and the state act. A criminal defense attorney in the defendants jurisdiction can explain any defense, for example:
To accuse self-defense in an assault case is appropriate when the defendant agrees that he or she committed the assault but that it was justified in view of the victims threatening acts. Such a defense may be more successful when the defendant can show that the victim was actually the aggressor, the defendant felt that he or she acted reasonably and the respondents actions did not go beyond the force that was necessary in the situation.
Defense of others
This defense can occur when the defendant attacks the victim after the victim threatens a third person. The jury determines whether the defendant acted in a reasonable manner at the time of the alleged assault.
An alibi defense shows that the defendant was not in the crime scene because he or she was somewhere else. This defense can occur when the victim is misidentified offender.
Failure to meet the burden
In a criminal case, the prosecutor has the power to show that the defendant committed every part of the crime beyond reasonable doubt. If the prosecutor can not meet this burden, the jury must find the defendant not guilty. The criminal defense attorney can challenge the credibility of witnesses or other evidence to convince the jury that the prosecutor has not fulfilled this burden.