If you have been charged with assault, you should prepare to have two cases pending against you – a criminal case, and a civil case. The criminal case will be related to the criminal proceedings of the crime you are being charged with, and the civil case will be a personal injury lawsuit filed by the victim in your case. For more information about the differences between these cases, what to expect, and how to face them, read on!
The Criminal Case
Assault is a crime in the United States. As such, assault is prosecuted in the criminal court. If you face a criminal assault case, you should prepare yourself for the following events:
You will most likely be arrested and processed when you are charged with assault. You will then be given a bail hearing, during which a judge will determine if you should be granted bail and how much your bond should be. If a judge feels that you are a threat to the public community or your alleged victim, he or she might deny bail or set restrictions on bail, such as a restraining order.
Interim Between Arrest and Trial
If bail is denied, you will have to remain in jail until your trial. However, if you post a bond, you may continue your normal life while awaiting your trial. You may go to work, visit your friends and family, and build a defense for your case. In order to build the best defense you can, you should consider hiring a criminal defense lawyer. A lawyer can help you gather evidence to prove that you are innocent.
You will have to attend your criminal trial on the appointed day. At the trial, the prosecution will present evidence as to why you should be found guilty, and the defense will present evidence as to why you should be found innocent.
If found guilty, you will face criminal punishments, such as fines, jail time, rehabilitation, probation, etc.
The Civil Case
At the same time, you might face a civil case while your criminal case is pending. This case might be a lawsuit filed by the victim in your case claiming personal injuries. If found guilty of a civil case, you will not face criminal punishments such as jail time. Instead, you will have to provide compensation for the injuries that the victim sustained. For example, you might have to pay for:
- Physical therapy.
- Therapy for emotional trauma.
- Medical bills.
- Paychecks lost due to injury.
- Emotional trauma and damages.
Many personal injuries are settled before they go to court. If you have been convicted of assault, you should consider settling instead of going to court. In many cases, if assault was proven in criminal court, you will not have a good defense in a personal injury case.
If you face assault charges, you should prepare for a criminal and civil case. To do so, consider contacting a criminal defense lawyer and a personal injury lawyer. At our law firm, we have lawyers who can help you with both of your cases.