Among the many crimes of violence, assault may be seen as a misdemeanor, and not really seen that often as a felony.
The usual instance wherein a crime of assault is treated as a felony is when that involves a police officer, or any other law enforcement officer. Assault, which can be further explained by a Los Angeles criminal lawyer, may be divided into two: the simple assault and the aggravated assault. Distinguishing among those two is one of the main responsibilities of a Los Angeles assault lawyer to check on whether the right crime has been charged on his client.
Assault may usually be defined by a Los Angeles assault lawyer as having a shot in performing a battery. For an action to be considered as an assault, a Los Angeles criminal lawyer may have to see if the following factors are present:
• The person’s ability to perform the assault
• Any endeavor that’s unlawful
• An attempt to harm a person through violence, specifically resulting in injuries
An assault may also be viewed as wanting to instill fear into another person by being menacing. A person charged with simple assault, however, is seen as someone who does not have the intention of really giving an injury to the victim. Inappropriate touching may usually be a form of simple assault. Going beyond another person’s own space is also considered a form of simple assault as what a Los Angeles assault lawyer may remind you.
A more serious form of assault is the so-called aggravated assault. A Los Angeles criminal lawyer will usually consider that his client has committed aggravated assault if the act was done with the use of a deadly weapon.
For a crime to be considered an aggravated assault, aside from the use of a deadly weapon, a Los Angeles assault lawyer will have to take a look at the intention of the offender. For example, if the action was done with the intention of killing someone, then that form of assault may be considered the aggravated kind. The gravity of the injuries placed upon the victim may also affect the decision of whether or not aggravated assault took place.
If you have been charged with assault, hire a Los Angeles assault lawyer that is experienced with assault cases in the Los Angeles courts. The Law Offices of Ramiro J. Lluis can help you understand your charges and give you the best opportunity to defend your case.