Have you ever been charged with an assault? Do you want to know more about assault defense? Then this article is meant for you. Trying to forget it and thinking that it will vanish somehow, someday will only do harm to your situation. The sooner you contact assault defense lawyer the faster your problem and frustration will come to an end. Hereafter stop brooding about the incident and start acting by contacting a good lawyer who has proven is mettle in assault cases
Section 39 deals with common assault and every criminal defense attorney know this. A common assault happens when a person tries to assault somebody or when one person commits battery. Again an assault occurs when a person intentionally or unintentionally causes harm to another person using unlawful force. Similar is the case when a person internationally applies force to another. Common assault will be charged for an invisible injury also. This charge can be framed when a person become ill through depression, shock, stress etc. Injury need not be a physical symptom.
Bodily harm is different from common assault.
One must understand that bodily harm is not same as charge for common assault. Degree of bodily damage is the factor that distinguishes assault from bodily harm. The maximum punishments that can be ordered to both these offenses are the same and it is six months’ imprisonment. Punishment for battery resulting in injury will be ordered based on level of injury or injuries.
Common assault punishment
Often the punishment for common assault is limited to six months’ imprisonment. Only in the cases where the assault has caused serious injuries to the victim, imprisonment for a period more than 6 months can be awarded. When a common assault case is charged after six months’ of its occurring there is provision for imprisonment for a period exceeding six months.
There are some circumstances which the law has accepted as conducive for common offense which do not warrant imprisonment. When the accused argues and proves that the offense was committed unknowingly or unintentionally in his attempt to defend him from attack or injuries it does not constitute a cognizable offense. The next circumstance is when bodily injuries are caused by accidents which are not created by the accused. If the accused succeeds in substantiating the above argument, the court can set him free without imposing any punishments. If the criminal defense attorney succeeds in proving the existence of any of the above mentioned circumstances in a particular case, the accused in such case will be set free.
It has been found that a number of cases of felony have been accused by persons, where in fact nothing has happened. This is a situation in real life and the assault defense lawyer try to manipulate the case they are entrusted into something similar to the above mentioned situation. They hope such an attitude will eventually lead to the freedom of the accused from the charges leveled against him.