Criminal assault is a serious charge which carries a negative social stigma and potentially severe punishments. To protect your rights, it is absolutely critical that you retain an attorney with experience representing defendants who have been charged with these crimes.
A criminal proceeding for alleged assault is very different from a civil suit initiated by a person seeking to recover damages from an alleged assault. In a criminal proceeding, a prosecutor must show that the defendant possessed a very high level of criminal intent. In order to obtain a conviction, the prosecutor must prove a mental requirement—that the defendant was unprovoked and acted willfully, recklessly or with criminal negligence.
Such a high mental requirement can be difficult to prove, however, especially when the defendant is represented by an experienced and aggressive criminal defense attorney such as Deborah Kernan of Kernan Law Firm.
Don’t trust your freedom to a lawyer unless he or she has substantial experience handling assault cases. A conviction for assault is punishable by time in prison, depending upon the severity of the offense.
Weatherford lawyer Deborah Kernan:
Most often an assault occurs when a defendant causes a harmful contact with another person. In a criminal setting, the prosecutor must prove that the defendant purposely intended to cause the harm, and that it was not an accident. In cases of a fight or brawl, or where the defendant acted in self-defense, a competent attorney could help defeat or mitigate the charges by showing that the harmful contact was justifiably provoked.
However, an assault can also occur when there is no actual harmful contact with another person. Instead, the defendant has committed some act, intentionally, which causes another person to be afraid that they are about to receive harmful contact. A typical scenario occurs when one person draws a gun on another person. This action may be charged as an assault, and a conviction could result if the person is not adequately defended.
Call our office today at 866-907-5364 or contact us online to arrange a free meeting to discuss how we can help you. All discussions are confidential.
We are conveniently located at 601 Jameson Street in Weatherford, across from the jail. We offer payment plans and are able to converse in Spanish (Se habla Español).