It is not uncommon for someone to be charged with assault. An assault is an “attempted application of force.” This distinguishes an assault from its common counterpart: battery. Battery is a different crime and is the actual use of force or violence against someone else. These crimes are frequently confused but it is important to remember that they are different. This means that they require different types of defenses to refute the charges.
It is important for anyone charged with assault to have an attorney that is capable of understanding the intricacies of an assault case. Many times, assault charges actually stem from a non-violent confrontation that is misconstrued to be violent in nature.
Some common situations that give rise to assault allegations:
- Spousal disputes
- Arguments with friends
- Insults and joking threats
- Children acting out
Evidence as an Issue
In addition to this, the evidence is often tenuous in an assault case and this makes it a common issue for those charged with assault. Many times assaults have no witnesses except for the victim. This means that the cases may come down to what each party is claiming occurred during the alleged. This poses frequent issues for individuals charged with assault.
For example, in domestic violence cases, the male party is most frequently charged with assaults. This occurs if the alleged victim calls the police and claims that the man attempted to assault her. If there was no battery, then when the officer arrives on the scene it can be difficult to determine if an assault actually occurred if there is no evidence. This means that the alleged victim can simply claim that there was an assault and force the individual to go through legal proceedings. It is not uncommon for false allegations to occur, as well as alleged victims to recant their previous testimony after the consider the consequences of their allegations.
Hire an Attorney
This is why it is important to have an attorney that is capable of understanding the complicated nature of assaults. If you or a loved one has been charged with assault in the Los Angeles area, please call (213) 385-1555 to speak with an attorney from Gurovich, Berk & Associates. Our attorneys have successfully represented a number of clients on assault charges because of our experience and understanding of the process.
We are available twenty-four hours a day for a free consultation so that you can being to build the best defense to any allegations of assault.