Cases for Which You Need To Hire an Assault Lawyer
Not all felonies need an assault lawyer. Traditionally, assault is considered as a threat perceived by a person from another. Any unlawful act which can cause an injury to another person is termed to be an assault. If any of your near and dear ones trapped in such a case then looking for the assault lawyer in Perth is the right option to go for.
The cases for which you need an assault lawyer are not to be taken lightly. The offenses which fall in this category are treated as a felony or misdemeanor, considering the seriousness of the situation and the person who is involved in such actions. In case you or any of your known is charged with assault, contacting the best assault lawyer in Perth will prove to be a great help for you.
Levels of Assault
While you search for an assault lawyer, it is necessary that you should know the level of assault for which the convicted is charged.
- First degree
The first degree assaults come under the most serious offenses which a person can commit. In this category, a person is charged with the offense of causing serious and intentional harm to any other person. This can even include hurting someone with any deadly weapon. Here the term “serious” refers to the potential risks which can cause permanent bodily impairment, disfigurement or even death. These cases are included in situations when there is found extreme indifference considered by a person for the value of human life. In most such cases, the convicted also reported to take steps against the police officer or the first responder in such situations. Such assaults are stated as the crime of violence for which the punishment includes the most serious sentences.
- Second degree
The assaults that lay in the second degree include the cases in which a person intentionally tries causing some injury to any person. Such cases include the use of deadly weapon to hurt someone or the act, to recklessly causing a threat to a person by using an inappropriate substance to drug him without his consent. Just like the first degree assaults, the second-degree assaults are also considered a felony. These assaults are also there in the category of crime of violence and this is why they have the same sentencing just like the first-degree assault. The judge should declare a sentence at the presumptive range midpoint but should not go more than the double of the possible time range. In situations for second-degree assault, this time range is about 5-16 years.
The third-degree assaults are the least serious assaults of all the three types. The cases in this assault include the situations where a person recklessly, knowingly or even negligible cause any harm to any other person with the use of any weapon. Even the other offenses like harassing, threatening or annoying any police officer also falls into the category of the third assaults. The cases for third-degree assaults are also known as Class 1 misdemeanor of extraordinary risk for which the sentence can be around 6-24 months. In case, the assault is in against to any pregnant woman, police officer, or any other first responder, the sentence of minimum 6 months is stated mandatory.
Charges Associated With Assault
There are many charges which are considered in association with the assault. There can be any number of additional charges which directly depends upon how the crime has been conducted. Here are some of the charges which are commonly coupled with assault, yet these are not all.
- Assault with a deadly weapon: This kind of assault charge includes the situations when the crime is carried out through the use of a knife, a gun or any other object which is used with the intentions of hurting someone seriously or even to kill someone.
- The crime of passion: If a person is charged with the crime of passion, it significantly increases the charges which are placed on the defendant. An example of such condition will include the assault which is performed with the unfaithfulness or the wrongdoing which lies within any relationship. Such situations can be found in the case of a romantic relationship or even the other ones.
- Vehicular assault: This kind of charge is there in the situation when in place of a deadly weapon, use of a vehicle is made. Reckless driving is the most common added charge in such assaults.
- Assaulting police officer: As the meaning is clear, these charges are imposed when a person assaults a police officer or even any federal employee who is protected in a similar manner.
- Domestic assault: In the situations, when the assault is conducted by a spouse or any family member, the person responsible in it will be charged with the domestic assault. Domestic abuse is one of the most common examples of this kind of charge.
- Aggravated assault: This is nothing but a distinction made, considering the type of assault conducted in any situation. Both the first level and the second level assault can be labeled for being the aggravated assault.
- Manslaughter: Such charges are imposed when a person is responsible for the reckless death of another person. Along with this, if any person aids another person for committing suicide, he will be charged with the manslaughter. Manslaughter can usually be considered as a by-product of an assault.
- Harassment: Using obscene language, kicking, stalking, hitting, threatening, all of these are the most common forms of harassment. It is not necessary that a case of harassment only forms when an incident occurs in person, it can even be there via phone calls, social media or emails.
While searching for an assault lawyer in Perth, make sure you have a proper understanding about the seriousness of the crime and the above details will help you know for exactly which assault you need to find a lawyer for assistance.