Placing another in Fear of being Harmed
5th Degree Assault is the act of placing another person in fear of being harmed. Punching, slapping or hitting another is the act of battery. Put them together and you have what is commonly referred to as assault and battery.
5th Degree Assault is a Misdemeanor level offense punishable by a maximum of 90 days in jail and/or a $1,000 fine. These are enhanceable offenses. If a person is charged with 5th Degree Assault more than once with the same alleged victim than it can be charged as a Gross Misdemeanor (Maximum of one year in jail and a $3,000 fine) or even a felony if aggravating circumstances or prior offenses are present.
No Contact Orders
Oftentimes an assault case involves an Order for Protection or a No Contact order. This is an order by the Court that restricts the defendant (person charged) from having any contact (written, spoken, phone, in person, etc.) with the alleged victim. To have this type of Order vacated (have contact allowed) a Judge must order that contact is permitted. No contact orders are very strict and any violation of the order could land the violator in jail.
Case Analysis is Critical
Whenever a case is analyzed it is critical to know details about the reason you were approached by police, what procedures the officer(s) used during the seizure and subsequent arrest, what is contained in your prior criminal/traffic history, did the officer read you your Miranda rights when you were arrested, were you allowed to contact an attorney, and many other variables.
I also need to examine the police report in detail after I have met with you to complete the analysis. It is important to have both views of the case prior to developing a strategy with regards to your case.
Always Looking for Defenses
Scott is always looking for defenses when he is analyzing the case. If there are defenses then we explore those in detail prior to moving forward with the criminal case. If there are not defenses then it is his job to get the best possible result for you and attempt to get the best possible resolution as quickly as possible at a reasonable and affordable cost.
It is very important to have legal representation since these are very serious types of cases. If convicted the Court may require jail time, fines, treatment or education for alcohol or domestic abuse, restrictions on gun privileges, probation and continued no contact with the alleged victim.
THANK YOU FOR CONSIDERING ANDERSON LAW OFFICE
“Scott ranks among the best and, more importantly, he truly cares for each and every client”
I am a criminal defense attorney and have known “Scottie” for over 20 years. As a lawyer, Scott ranks among the best and more importantly he truly cares for each and every client. I have confidently referred him many difficult cases and he has always handled them to the client’s complete satisfaction.