When Assault Requires Legal Action

by tylercook on January 26, 2013

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Staying safe and protecting ourselves is more of an instinct than a specific goal we must reach each day. Being assaulted physically by someone can be a very scary and traumatic event. Not only does it invade on your personal space and well-being, it can also cause physical pain. It is unfortunate and wrong if and when you are ever assaulted, whether it is on a regular basis by a bully or family member or a one-time event by a stranger. In almost every case of assault you can pursue some form of legal action. Every situation is different and only a qualified attorney along with law enforcement will be able to decide how to go about prosecuting a case.

What is assault?
The definition of assault is an intentional act caused by someone with the intent to inflict harm or pain on another person. This can be a physical attack that goes after someone and in severe cases, the threat of physical harm that involves verbal abuse or threatening someone with great bodily harm. It may also involve sexual assault, rape and unlawful imprisonment. Assault charges can be challenging to bring on someone, especially if there were no witnesses involved with the alleged crime. There are different classifications of assault and different levels of severity. Each classification can carry a different form of punishment or conviction in a court of law. Assault and battery involves physical battery upon one of more persons. It is a very serious crime and if there was any intent to physically take the life of the victim or a knife or gun are involved, it can quickly turn to a case of attempted murder. Aggravated assault occurs when the assailant intends to severely harm the victim and attempts to do so but fails for one reason or another. While he didn’t carry out the crime, he started to and stopped or was interrupted. Charges of aggravated assault are still serious. Simple assault occurs when the perpetrator follows through with assaulting the victim with or without the intention of killing them. Any case of assault can not only cause physical harm or severe injury to the victim, it can also lead to a lifetime of traumatic emotional issues related to PTSS or post-traumatic stress syndrome.

Types of predators
It is important to understand that there are many different types of predators who prey on innocent victims, explains the Montana Attorney General. If you find yourself in a verbal altercation with someone and you are also threatening violence, be careful, you could end up being classified as the predator if you verbally attack someone and then harm them, even if it’s in self defense. If someone is coming after you, it is best to try to calm them down but also protect yourself at all costs. A predator can be a family member such as a spouse, child, parent or non-immediate relation. A predator can also be someone you know or a stranger who suddenly has an intention to assault you. They may pre-plan an assault with intention or they may have calculated careful planning and pre-existing thoughts of harm or sexual assault.

Legal action
Some forms of assault arise from the victim trying to protect herself from further physical harm or verbal threats from the assailant. In the court of law, the prosecuting team will determine if the victim acted in self-defense or if it was a case where the victim was also threatening the alleged assailant or defendant. This can be a complicated process that involves a thorough investigation by a forensics team in collaboration with the county prosecutor.

If you find yourself in this type of situation, seek legal counsel immediately and do not discuss anything about your charges or your case without your attorney present. Don’t live in fear of not contacting police because you were threatened, always report any type of assault on your or a loved one.

Byline: Tyler C hired a personal injury when he found himself injured after a mugging.




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