Portland Assault Defense Lawyer | Maine Assault Defense Attorney
Assault is one of the most common types of violent crimes that occur in Maine and the penalties can be very serious. The consequences include fines and jail time, but also collateral consequences like having difficulty finding a job or a place to live because of an assault conviction appearing on background checks.
Assault is a common offense because all it takes is the intent to hurt another person or a simple accusation. If you or a loved one has been charged with assault, Richard Berne is a Portland assault defense lawyer who can help you.
Knowledgeable Criminal Defense
Title 17-A, §207 of Maine state law says that assault is the act of intentionally and knowingly causing bodily injury or making offensive physical contact with another person. Assault can occur anywhere at any time. All it takes is for one person to inflict intentional harm on another. Even if you punched a friend in the arm as a joke and it caused them physical pain, they could state that you assaulted them. Malice doesn’t have to be a factor in the act.
The charges become even more serious when a person over the age of 18 harms a child under the age of 6 and causes injury. Because the charge is more serious, the penalties follow suit.
Defending Your Rights And Future
Two things must be proven in an assault case. The first is that the violent act actually happened. This can be any act that is considered violent. A weapon can also be used in an assault, which can lead to an additional weapons charge.
If a person threatens another or attempts to injure another person, it’s not enough for an assault charge to stick.
The second factor that must be proven is the intent behind the act. The violent act must have been committed on purpose for the act to be considered assault. If you swing your leg around and accidentally kick someone, that’s not enough for an assault charge because there was no intent to injure.
If an assault charge is made, it’s a Class D charge. If the assault was against a child, it’s a Class C. The penalties for a Class D offense is a year in jail and $5,000 in fees and fines. If it’s a Class C offense, then the penalty is 5 years in jail and $5,000 in fines. It is in the best interest of the defendant to fight the charges with the help of a defense attorney. There’s also the fact that an attorney can protect against rights violations throughout the legal process.
Contact A Portland Assault Defense Lawyer
If you or a loved one has been accused of assault, a quality and aggressive defense can make the difference. To learn more about how the Law Office of Richard Berne can help you, call 207-871-7770 to request a free consultation.