Top Enterprise, AL Aggravated Assault Lawyers Near You

Aggravated Assault Lawyers | Enterprise Office

105 East College St, PO Box 311412, Enterprise, AL 36331

Aggravated Assault Lawyers | Enterprise Office

121 E College St, Enterprise, AL 36330

Aggravated Assault Lawyers | Elba Office | Serving Enterprise, AL

431 N. Court St., PO Box 408, Elba, AL 36323

Aggravated Assault Lawyers | Enterprise Office

203 E. Lee St., PO Box 310910, Enterprise, AL 36331

Enterprise Aggravated Assault Information

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Find an Aggravated Assault Attorney near Enterprise

What Is Aggravated Assault?

Aggravated assault is a charge for threatening to physically injure, or actually physically injuring, a victim. In some jurisdictions, this behavior may also fall under battery or aggravated battery charges, though there is a distinction between the two charges in certain states which differentiate between assault and battery.

In these jurisdictions, assault is separated from battery where battery requires actual physical contact to be made between offender and victim. Assault charges are not bound by any such elemental requirement and can be just a serious threat made with intent.

Is Aggravated Assault a Felony?

Aggravated assault is categorized as a felony in nearly all instances. Due to the severity of the crime, it is differentiated from simple assault, which can sometimes be classified as a misdemeanor rather than a felony.

What’s the Difference Between Assault and Aggravated Assault?

The primary difference between assault and aggravated assault is the severity of the offense. There are several ways an instance of assault can escalate into an instance of aggravated assault — the threat of use of, or use of, a deadly weapon being one primary example.

Further, assault of a minor, assault of the elderly, assault of an individual in the public service or assault of an individual for whom you are designated a caretaker can all result in aggravated assault charges rather than simple assault charges.

Simple assault can be as simple as making a verbal threat against a victim with intent to start a fistfight, but aggravated assault might be something more like pulling a gun or a knife out, brandishing it threateningly at the victim.

What Is the Penalty for Aggravated Assault?

The penalty for aggravated assault is typically quite severe, and the charge is prone to sentence enhancement for a variety of reasons.

Aggravated assault is typically charged at the state level, as battery and aggravated battery are the nearby charges which are typically heard in federal court. That being said, penalties do vary based on the degree classification of the felony, the particulars relevant to each incidental case and the state the case is being heard in.

In some states, the penalty for aggravated assault could be one year of imprisonment, fines of up to $10,000 and a potential probation period. Aggravated assault can also be either a second-degree felony or a first-degree felony. The penalty for second-degree aggravated assault is a jail term of two to 20 years, while first-degree aggravated assault penalties can include five to 99 years in jail.

Aggravated assault can lead to prison for any number of years, with sentencing enhancement allowing for what are essentially life sentences in some states.

Can I Get Probation for Aggravated Assault?

Probation is a common penalty if you are convicted of aggravated assault, given that the crime is, by its nature, a violent offense. A probation period may stretch anywhere from six months to a few years, with it being necessary to keep in regular contact with a probation officer as well as abiding by all rules set forth at the outset of the probationary period.

Those looking to avoid probation or conviction of aggravated assault charges should secure an experienced and professional legal counsel as soon as possible. Even if a trial may look unfavorable to you, your lawyer may be able to negotiate a reduced sentence via a plea deal or bargain with the prosecution.

Were You Charged with Aggravated Assault?

Aggravated assault is the crime of assault but is more serious by the law. The crime could escalate to aggravated assault by using a weapon, based on who the victim is and also the intent of the person.

What Are Aggravated Assault Legal Options?

If you are charged with aggravated assault immediately contact a criminal defense lawyer experienced in aggravated assault cases. The lawyer will explain the law to you, outline your options, form your defense and aggressively challenge the evidence against you.

What sort of issues can I seek legal help with?

Specialized legal help is available for most legal issues. Each case is unique; seeking legal help is a smart first step toward understanding your legal situation and seeking the best path toward resolution for your case. An experienced lawyer understands the local laws surrounding your case and what your best legal options might be. More importantly, there are certain situations and circumstances – such as being charged with a crime – where you should always seek experienced legal help.

Top Questions to Ask a Lawyer

  • What is the usual process to resolve my case? How long will it take to resolve this?
  • What are likely outcomes of a case like mine? What should I expect?

An experienced lawyer should be able to communicate a basic “road map” on how to proceed. The lawyer should be able to walk you through the anticipated process, key considerations, and potential pitfalls to avoid. Once you’ve laid out the facts of your situation to the lawyer, he/she should be able to frame expectations and likely scenarios to help you understand your legal issue.

Types of legal fees:

Bill by the hour: Many attorneys bill by the hour. How much an attorney bills you per hour will vary based on a number of factors. For instance, an attorney’s hourly fee may fluctuate based on whether that hour is spent representing you in court or doing research on your case. Attorneys in one practice area may bill you more than attorneys in a different practice area.

Contingent fee: Some lawyers will accept payment via contingent fee. In this arrangement, the lawyer receives a percentage of the total monetary recovery if you win your lawsuit. In sum, the lawyer only gets paid if you win. Contingent fee agreements are limited to specific practice areas in civil law.

Flat fee: For “routine” legal work where the attorney generally knows the amount of time and resources necessary to complete the task, he/she may be willing to bill you a flat fee for services performed.

Common legal terms explained

Pro se – This Latin term refers to representing yourself in court instead of hiring professional legal counsel. Pro se representation can occur in either criminal or civil cases.

Statute – Refers to a law created by a legislative body. For example, the laws enacted by Congress are statutes.

Subject matter jurisdiction – Requirement that a particular court have authority to hear the claim based on the specific type of issue brought to the court. For example, the U.S. Bankruptcy Court only has subject matter jurisdiction over bankruptcy filings, therefore it does not have the authority to render binding judgment over other types of cases, such as divorce.

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