Lawyer For Assault

in Missoula, MT

If you or someone you know has been charged with assault, it is important to find experienced lawyers who are familiar with assault cases and can help you through this difficult time. At Holloway & Hulling, we have over 25 years of combined experience defending those charged with criminal assault cases. We will work tirelessly to ensure that you receive the best possible outcome in your case. Contact us today to schedule a free consultation.

When To Call A Criminal Defense Lawyer?

A person commits the offense of assault if the person:

(a) purposely or knowingly causes bodily injury to another;
(b) negligently causes bodily injury to another with a weapon;
(c) purposely or knowingly makes physical contact of an insulting or provoking nature with any individual; or
(d) purposely or knowingly causes reasonable apprehension of bodily injury in another.

Assault can be classified as “aggravated” if the person purposely or knowingly causes serious bodily injury to another or purposely or knowingly, with the use of physical force or contact, causes reasonable apprehension of serious bodily injury or death in another. If you have been charged with assault, it is important to seek the help of an experienced criminal defense lawyer who can help you understand your rights and options.

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What are the Penalties for Assault?

For misdemeanor or simple assault the penalty is up to 6 months in a county jail, a $500 fine, or both.

For aggravated or felony assault, the penalty is much more severe, up to 20 years in prison, $50,000 in fines, or both.

What are the Defenses to Assault Charges?

Self-defense is a legal defense to assault charges that may be used if the defendant was acting in protection of themselves or another person. In order to be successful with a self-defense claim, the defendant typically must be able to prove that they were reasonably in fear for their safety or the safety of another person, that the force used was necessary to protect from the threat, and that the force used was not excessive or unreasonable given the circumstances. If the defendant can successfully prove self-defense, the criminal assault charges may be dropped, dismissed or the defendant may win at trial if the jury agrees with the defense.

Insanity is a legal term used to describe a state of mind in which a person does not have the mental capacity to understand the consequences of their actions, or the wrongfulness of the action itself. In assault cases, an insanity defense may be used to reduce or remove culpability from the accused. It is important to note that insanity must be proven to be present during the commission of the crime; a diagnosis of mental illness alone will not be sufficient.

The legal implications of an insanity defense can depend on the jurisdiction and the severity of the crime. In some cases, an insanity plea may result in an acquittal, meaning that the accused is not found guilty. In other cases, an insanity plea may result in involuntary hospitalization rather than a jail sentence.

The defense of unintentional action is a legal defense to assault charges which states that the accused did not intend to cause harm or offensive contact to the alleged victim. In other words, you did not knowingly or purposefully commit the act. For example, accidentally running into someone and knocking them down may not be considered assault, whereas purposefully shoving someone is most likely assault.

The defense of assault that did not occur is applicable when the accused can prove that all of the required elements of an assault have not been met. This means that the defendant must be able to demonstrate that the threat of harm was not combined with the belief that it could be carried out, or that the victim did not believe that the threat could be carried out.

The lack of intent defense to assault charges is an argument that the accused did not possess the necessary intent to cause harm or fear of harm. In criminal cases, the prosecution must prove beyond a reasonable doubt that the aggressor intended to harm or frighten the victim. If it can be shown that the defendant did not possess the necessary intent to cause harm or fear of harm, then the charges may be dropped or reduced.

In some cases, mental illness may also be used as a defense to assault charges. For example, those who are affected by Post Traumatic Stress Disorder may be able to claim that their mental health condition caused them to act in a way that led to being charged with assault. In this case, the mental health condition needs to be considered when determining the individual’s guilt or innocence.

Situations of duress can be used to defend against assault charges when a person was forced to act in order to protect themselves or another from immediate harm. This defense is only applicable when the action taken was reasonable in the context of the situation, a reasonable apprehension of harm was present, and the level of harm present meets statutory requirements.

Defense of others is similar to self-defense, but it occurs when a person acts to protect someone else from an imminent threat of harm.

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Frequently Asked Questions

We handle a variety of assault cases, including bar fights, domestic violence, workplace assault, sexual assault, muggings, police brutality, and more. Our experienced attorneys are well-versed in the legal process of criminal courts, and we are committed to providing effective and compassionate representation. We understand that the legal effects of assault can be long-lasting. Our attorneys will fight for your rights no matter the circumstances of your situation. We are dedicated to providing the best possible outcome for our clients.

When it comes to self-defense, there are a few important considerations to keep in mind. First, it is important to note that the defendant must have an objectively reasonable belief that they were in imminent danger of physical harm in order for the self-defense argument to be successful. Additionally, the use of force must be proportional to the perceived threat and must not exceed the level of force necessary to prevent or terminate the threat.

For criminal cases, we do not offer contengency fee services as it is not allowed under our bar rules. However, if you dealing with a civil lawsuit, then yes, we offer contingency fee services. For civil contingency cases, this means that clients will not pay any legal fees unless the case is successful and a settlement or verdict is reached. Our law firm will handle every step of the case from start to finish and never charge a fee until the case is won. We also offer a free consultation so we can discuss your case before you even hire us.

We possess a wealth of expertise when it comes to assault cases. Our team is composed of trial-tested attorneys who have over 25 years of combined experience. They have a well-respected reputation in the legal field and are known for their ability to successfully represent clients in these types of cases. Furthermore, we have a successful track record of securing dismissals, as well as negotiating favorable plea bargains on behalf of clients. We are able to examine every legal angle to ensure that our client’s rights are protected

We offer our clients a range of resources to help them get the justice they deserve. Our team of experienced attorneys works hard to make sure that every case is handled with the utmost care and attention to detail. Our law firm provides free criminal and civil case evaluations and consultations to ensure that our clients understand their legal rights and have access to the resources they need. We also provide our clients with blog content about current legal issues and the latest news. Contact us today to learn more about how we can help you.