What Kind of Punishments Are There For Assault on Minors?
Assaulting a minor carries the same penalties as other forms of assault. However, if you are charged with assaulting your child or a child in your custody, you can face additional punishments. You also face the punishment of losing custody of this child. As a result, a restraining order may prevent you from seeing your child. Also, this child may go live with someone else. They can live with their other parent, a legal guardian, or be sent to a foster home. Crimes against children are taken seriously be the court. You must make sure that you have a defense lawyer present. This can make sure that you are given a fair trial.
Can I Be Charged With Assault If I Am Defending Myself?
Yes, you can be charged with assault and/or battery if you were involved in a fight. This is true even if you were defending yourself. However, if you were truly acting in self-defense, the police will take this into consideration. You might not be charged. Even if you are charged, if you can prove that you acted in self-defense in court, the charges could be dropped. Make sure that you find a good criminal defense lawyer to present your case in court. They can prove that you acted in order to defend yourself.
What Happens If I Cannot Prove Assault?
If there is no physical proof of an assault, it is really your word against the offenders’ word. You should hire a lawyer experienced in cases such as this one to help you find other ways to prove your case. A lawyer can help you get a restraining order against the perpetrator and make sure that you are protected. While it will be more difficult to prove assault in court without records of physical violence, it is still possible.
Is It Still Considered Assault If I Was Provoked?
The answer to this question is situational. You can always use the fact that you feel as though you were provoked as a defense to assault in court, however, depending on the circumstances, you may have taken reasonable or unreasonable action when provoked by the other party. For example, if the other party involved in the altercation was yelling at you, this does not give you the right to stab them with a knife. If, on the other hand, a weapon is pulled on you, and you feel that your life is in serious danger, you can act in self-defense in order to protect yourself. A judge or jury might feel that you were provoked and you acted reasonably under the circumstanced.
Are There Rehabilitation Options For Those Charged With Assault?
Depending on your situation, if you are convicted of assault, you might be able to get treatment as opposed to or in conjunction with incarceration. Anger management classes, therapy, and substance abuse rehabilitation are all options that might be offered to you based on your personal situation.