Assault with a Weapon
Legal terms and definitions can be complicated to comprehend, and an experienced attorney can help you understand your case.
Assault with a weapon is one of the most important concepts to keep in mind, and that’s what this guide explains – it’s an informative article on what assault with a weapon is, what’s considered a weapon, and what to do if you’re assaulted or if you assault someone.
What Is an Assault with a Weapon?
Assault alone refers to any situation where a person does something threatening to force another person to do something without their consent.
Thus, an assault with a weapon occurs when the person committing an assault uses, carries, or threatens to use a weapon or something that’s considered one.
The victim does not need to sustain bodily injuries for the court to consider assault with a weapon. Additionally, in some cases, psychological damage constitutes as proof of the hurt the victim’s going through.
Things Considered a Weapon
Weapons are anything that can be used to harm or cause death to someone else, or something used to intimidate or threaten a person.
Examples of weapons include firearms, knives or other sharp objects, beer bottles, rocks, shovels. Ropes are also weapons in cases where people are held against their will.
If someone assaults you using a weapon and they hurt or threaten you, you should get legal assistance immediately from the lawyers at FMK Law Group.
What Needs to Be Proven for Conviction
To convict someone of assault with a weapon, the prosecutor has to examine the evidence and determine that assault indeed occurred, and that the person used a weapon.
Prosecutors can examine different types of evidence, for example, physical evidence. If there is proof of the damage, then pictures and medical reports can help the case.
Additionally, prosecutors could also consider verbal evidence or witness of what occurred. When people are present during the assault, verbal confirmation might help the victim as well.
Self-defense
Self-defense is the most common way to defend oneself against charges of committing assault with a weapon.
However, to win the case, the person must convince the court that they had verifiable reasons to believe that they were assaulted, and that given the circumstances the actions were completely reasonable.
Penalty
Assault with a weapon is considered a hybrid offense, which means that the prosecutor has to choose between two ways to convict. They can either proceed by indictment or summarily convict the person.
If the prosecutor chooses to convict by indictment, then the person can be behind bars for up to 10 years. On the other hand, if they proceed summarily, the convicted individual could spend up to 18 months in prison.
Talk to a Lawyer Now
Being assaulted is a stressful situation, and if you’re the one who’s being accused of assaulting someone, you might be going through challenging times as well, especially if you want to prove self-defense.
The only way to guarantee that you’ll get the best results possible after the trial is to talk to a lawyer. Experts at FMK Law Group can help you, so call now at 647-588-3234.