Underground Journal

When Do You Need an Assault Lawyer and How Much Do They Cost

March 31, 2010 | Author: Admin | Filed under: Legal

If you’re being legally served with assault charges, it’s time to get an assault lawyer in order to help you defend yourself. The attorney will ask you about the situation, and then determine which defense, or combination of defenses, he or she will use to defend you and hopefully get you acquitted of all assault charges.

First, if you were in a situation that is by its nature aggressive and physical, then all parties involved gave their implicit consent, as the law calls it. Most physical sports, bar fights, consensual fighting, etcetera, prevent any party involved in the contact to press for assault charges on any other person in the incident.

The only exception to this rule is if the assault went above and beyond the reasonable expectations of normalcy in the sport, like pulling a gun on someone in a bar fight. However, barring an extreme situation like this, you may be acquitted if your accuser gave implicit consent.

Another defense to assault is if you were protecting yourself, someone else, or your legal property. Again, the bounds of reasonableness are in force. You are expected to make a legitimate attempt to get away from the fight and to safety. However, you will be held to this requirement less strongly if you are already on your own property.

Additionally, people in certain professions can bring reasonable punishment to another person and not be guilty of assault. Police officers, teachers in some jurisdictions, parents to their children, workers at a mental hospital, etcetera, are allowed to restrain a person for the safety of themselves and/or others, and not be charged with assault.

There are some more obscure defenses that your assault lawyer may decide to use, but these are the basics. Being convicted of assault can mean years in prison, so getting a good attorney is vital, though it won’t be cheap. Most lawyers charge retainer fees, or hourly fees, for them to work for you, and though the amount varies widely, expect it to be somewhere in the neighborhood of $250 an hour.

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