Being accused of assault in Kansas City could change your world. The worry alone would be intolerable. But you don’t need to suffer alone. A criminal defense lawyer in Kansas City with experience in defending assault can handle every step along the way. Below, we outline how a veteran lawyer can create a strong assault defense.
What is Assault in Kansas City?
Assault is when a person tries to hurt another person or threaten another. In the state of Missouri, assault comes in many degrees:
- Simple assault: Either a threat or attempted harm.
- Aggravated assault: Either by a weapon or great bodily harm.
- Domestic assault: When the victim is a spouse or family member.
There is a consequence on each charge. Even minor misdemeanor assault can jail you, fine you, and leave you with a criminal record.
Why You Should Hire an Attorney Now
Charges do not have an hour hand. The longer you wait, the harder it gets to come up with a defense. A Kansas City assault attorney is able to:
- Review police reports for errors.
- Interview witnesses while they still remember.
- Protect your rights when being questioned.
- Struggle to slash or eliminate fees.
A lawyer’s work is not necessarily a good thing. It is often a matter of staying alive.
Essential Defensive Steps That Pay Off
There are no two cases. A defense depends on facts, evidence, and your attorney’s skill. Here are some effective steps assault attorneys use:
Self-Defense
This is an extremely common defense. You have the right to protect yourself or another. Your lawyer must demonstrate that you feared being hurt and only applied the amount of force needed to avoid it.
Example:
You were surrounded by someone who was about to punch you. You pushed them so you could get away. The force was no greater than required for protection.
Defense of Others
Oftentimes, you act in defense of another individual from harm. It is similar to the defense of self-defense. You have to show you acted to prevent actual harm.
Example:
A person was going to hit your friend. You grabbed the person going to hit.
Lack of Intent
Intent is involved in assault. Your case gets weaker if your attorney is able to show you did not intend to threaten or injure someone.
Example:
You raised your hand involuntarily, and one of them thought that you would strike them. There was no purpose or intention to intimidate.
Consent
Seldom did the other party agree to the touch. This is mostly experienced during mutual fights or during sports. Your lawyer can present that the two of you did not agree to the risk.
Example:
You and another person agreed to spar.
Alibi
An alibi places you somewhere other than the place of attack when you were attacked. Witness testimonies, receipts, or video taping can place you somewhere other than the place of the crime.
Example:
Video taping from the mall camera places you as a shopper when the assault occurred.
How an Attorney Questioning Evidence
Evidence is the cornerstone of any assault case. A good lawyer looks for loopholes in evidence. This is how they question evidence:
- Challenging witness credibility: Were the witnesses uncertain or biased?
- Watching tapes: Does the tape support eyewitness testimony?
- Monitoring medical records: Do the injuries corroborate allegations?
- Verifying police misconduct: Did the police act as they should have?
No stone is left unturned by an attorney when arguing your case.
The Negotiation Role
All assault cases do not necessarily proceed to trial. Your attorney can negotiate with the prosecutor. This may include:
- Lower charges
- A lesser sentence
- Community service in place of jail
These outcomes can allow you to move forward with less harm to your record.
What to Do If You Are Arrested for Assault
Being arrested is frightening. Stay calm and do the following:
- Don’t struggle when you are arrested.
- Don’t answer questions without a lawyer.
- Don’t talk about your case on social media.
- Call an assault lawyer in Kansas City right away.
These steps can protect your rights and allow your lawyer to build your case.
How Assault Convictions Can Impact Your Life
A conviction goes much further than prison or a fine. You can end up with:
- Loss of job or finding it hard to get employment
- Difficulty renting property
- Loss of firearm rights
- Loss of your reputation
That is why it is so important to have a good assault attorney. They can keep you out of, or reduce, these problems.
Choosing the Best Assault Lawyer
Not all of your friends get arrested. Get an attorney who:
- Has experience with assault cases
- Knows the Kansas City prosecutors and courts
- Actually takes the time to listen and discuss your alternatives
- Has a good track record
A good attorney will advise you diligently and help plot your future.
Kansas City Assault Charges FAQ
Some of the questions most people have when they are charged with assault include:
FAQ 1: Can charges of assault be dismissed?
Yes, charges are dismissed when the case is weak or the victim recants. But this is only at the discretion of the prosecutor. Your lawyer can cause dismissal through showing weaknesses in the case.
FAQ 2: How long does it take for a case of assault in Kansas City to last?
It will depend on so many different things. Some only last weeks as a plea deal. Others will last months or longer if they actually do go to trial. Your attorney can better estimate after he has had a chance to look at your case.
FAQ 3: What do I say when I get arrested?
You do not have to talk. Just give your name and details. Do not talk about the event or respond to questions until your attorney is present.
FAQ 4: Will a first-time assault charge result in jail time?
This depends on the charge and situation of the case. A first offense with no injury can include probation. The person can be sent to prison or jail for a more serious charge. A good lawyer can usually lower the punishment.
FAQ 5: Can I have an assault charge removed from my record?
Certain Missouri assault convictions can be expunged if you qualify. Your attorney can let you know whether you qualify and guide you through the process.
Why Waiting Hurts
The longer you let time pass before making a call to an attorney, the harder your case will be. Evidence is lost, and witnesses forget. The sooner you act, the better you protect your rights and build a stronger case.
Call a Kansas City Assault Lawyer Today
If you have an assault charge against you, you don’t have to go it alone. A skilled Kansas City assault lawyer will guide you through this process. They will strive for the best outcome and fight to protect your rights.
