Sexual Assault Lawyers Archives

Assault refers to an act of creating apprehension of an imminent harmful or offensive contact with a person. Assault may be in different forms such as simple assault, aggravated, assault and battery, felonious, malicious assault, common and sexual assault. Penalties may be in the form of fine or imprisonment or sometime both depending upon the circumstances.

What is sexual Assault?

It is a serious crime and is defined to mean sexual crimes against an individual. It involves the unwanted touching of a person’s body. Usually the victim is not at fault. It occurs when a person is unable to or does not give his consent. When one has been assaulted sexually the first thing to do is to go to the police whose primary concern is to protect the victim from any action of the guilty person. There are other forms of assistance that are also available to the injured party.

Acts Considered as Sexual Assault             

The acts or actions which fall under the category of sexual assault are indecent assault, acts of indecency and un-consented sexual intercourse, and the victim can suffer severe and long-term effects. Very often the victim knows the person who has assaulted them. A victim can sue in the civil courts as assault is also a tort. Therefore the victim can sue the guilty person in the civil courts for damages. The guilty person can be dealt with either summarily or by indictment (District Court before Judge and Jury) the former being the most favorable.

How to Report And Prove Harm?

The criminal courts proceeds the case after it is reported by the police. In some cases the victim does not report to the police and can go directly to the criminal courts. In such cases, the victim must have to provide sufficient evidence/proof of the wrong doing with him. The victim need to provide evidence of the injury sustained and this includes actual physical harm as well as psychiatric or psychological harm. This can be in the form of a constitutional declaration by someone with knowledge of the assault or a medical practitioner, medical report and hospital records. All evidence should be provided to the judge to understand the extent of the assault against you and make an appropriate award to you to compensate you.

Sometimes assault can be difficult to understand, mostly because of the way that it is misrepresented in popular culture. If you have any legal problem or disputes involving assault, you may have to contact a qualified and experience criminal lawyer right away because he can provide you with sound legal advice and can represent you in court if necessary by understanding your case situation in a well qualified manner.

A criminal act which occurs between two people who have an intimate relationship or are related is called domestic violence assault. Domestic violence is also known as, spousal abuse, family violence, dating or domestic abuse, battering, and intimate partner violence in different situation. It is an example of conduct which involves the abuse by one person against another in a close relationship. Domestic partners dating, roommates and married couples are some relationships which qualify for such type of violence.

There are a number of acts which considered as domestic violence assault like as kidnapping, murder, child abuse, physical, sexual, emotional, economic, and verbal abuse, violence against men or women, child endangerment or neglect, misdemeanor assault, every type of felony assault, a crime having stalking and harassment nature and many others. Such types of cases are increasing day by day; near about more that 2 million people are physically assaulted each year by an intimate partner each year in United States.

A domestic violence nature assault may be compelled by a number of factors like as behavior, mental situation, illnesses, emotional or social stress, jealousy, power and control and many others. It can disturb one’s life seriously and may put one life in serious trouble and may lead towards social, economical and financial crises.

A victim for this case may go to court for the compensation, but if you have not enough knowledge about legal matters then you have an option to choose a domestic violence assault attorney to lead his case successfully in the court. You can search a best and experienced attorney around your area or you can go online to server this purpose.

Such cases a very critical in nature, mostly assaulter is an intimate partner and can create again a worse situation for assaultive. Furthermore assaultive feels discomfort to share the necessary information with other one. Approximately a number of cases do not filed due to such circumstances.

It is a very complex process to choose an exact attorney who can handle your case successfully but, by considering some facts you can choose a right one for you. Cost, experience and educational background and professionalism are considered most important. Evaluate and analyze these factors as they are helpful to find the right attorney for you. Always choose a lawyer around your area and also disclose all necessary facts regarding your case.

Penalty/punishment for this type of assault may be a prison/jail or fines some time both. Some time also a guilty may face penalty in form of deportation, probation, mental counseling, and control of property taken by the others. Regardless, all the above mentioned penalties one thing, most painful is that some time you can lost a valuable relation even forever. So, always be patience and try to find a better way to solve the dispute because an assaultive act is not the final solution of any problem.

Statistics says the number of sexual assault cases is constantly raising high in the US. Each year, more than thousand such cases never get reported, as most of the victims become so frightened, hesitant and in some cases so preoccupied with the injury that they never take the matter to court. Remember, sexual assault is considered a criminal offence, so it is significant that culprit must be brought to justice. It’s not only helped the victim but to restore his peace of mind but also saves the future victims from harassment. If you have recently experienced an assault and feeling confused whether or not you should file a lawsuit, the following article can help your out, Read on to know what kind of cases can be reported as assault. In case you decide to report an assault case, appoint a suitable assault lawyer for your case. Make sure you appoint an attorney you can afford otherwise you will end up getting into debt. However, don’t worry; best debt management program is always there to help you out in this scenario.

Determine whether you can file a case of assault

In general, assault could be explained as an illicit, intentional touching through any object or weapon or a body part. You can file two types of cases for an assault. It could be a criminal charge or a civil lawsuit. It’s the attorney who decides, what would best for your particular case.

Where to find an assault attorney

  • The first place where you should look for an assault attorney is your local bar association. The legal board will offer you a list of efficient lawyers, who have passed law bar examination and have the required knowledge you need. If you are blamed for false assault charge you should consider hiring a defense lawyer and if you like to file the assault charge, you better appoint a prosecution lawyer.
  • You can contact some of the chain law firms and enquire about the lawyers, who are specialized in assault and battery cases.
  • While communicating with the lawyer, make sure you review the retainer agreement and the contract form thoroughly. Know the legal fees and consultation charges of the respective lawyers well so that you can determine whether or not you could afford to pay the lawyers fees in future.

Last but not the least, shop around and compare the legal services offered by different attorneys before finalizing the deal. Make sure you choose the most responsible attorney with the maximum experience that you can afford. It’s true that locating an excellent lawyer is a time consuming process.  However, if you are determined to win your assault case, take the required time and go through all the necessary steps, before appointing a lawyer.

Assault generally includes battery although assault and battery are separate crimes. A sexual assault is any act which intentionally or recklessly causes another person to apprehend immediate unlawful violence. An sexual assault can be committed without touching another person. The act must be a hostile one. An assault can be committed recklessly where the accused foresees the likelihood of inflicting injury or fear and ignores the risk.

Battery is the intentional or reckless application of direct force to the person of another. It must be made in an angry, revengeful, rude, insolent, or hostile manner.

Common assault carries a maximum penalty of two years jail.  Sexual Assault occasioning actual bodily harm carries five years.  When, maliciously inflict grievous bodily harm with intent, is charged there must be specific intent. The penalty for maliciously inflicting grievous bodily harm is seven years.

It is an offense to resist or willfully obstruct police in the execution of their duty, punishable by imprisonment for a maximum period of 5 years. For the offense of assaulting, stalking or intimidating a police officer in the execution of his duty where no actual bodily harm is inflicted the maximum penalty is five years. Where a police officer is assaulted in the execution of his duty and he suffers actual bodily harm the maximum penalty is five years and the standard non-parole period is three years.  For the offense of malicious wounding or inflicting grievous bodily harm on a police officer whilst in the execution of his duty, the maximum penalty is 12 years.

It is an offense to possess, use, attempt or threaten to use an offensive weapon with intent to commit an indictable offense or to prevent or hinder the arrest of any person or any investigation.  The maximum penalty is 12 years or if a company, 15 years. It is an offense to shoot at or attempt to discharge a loaded firearm at any person with intent to resist the lawful arrest of any person. Penalty is 25 years.

The offense of sexual assault can be committed in two ways , either through the intentional or reckless application of unlawful force (at common law known as battery) or by intentionally or recklessly causing a person to apprehend immediate unlawful violence.

Elements for sexual assault being:

Where physical force is actually applied

1. A striking, touching or application of force by the accused to another person (the complainant).

2. That such conduct of the accused was without the consent of the complainant.

3. That such conduct was intentional or reckless in the sense that the accused realized that the complainant might be subject to immediate and unlawful violence, however slight as a result of what he or she was about to do, but yet took the risk that that might happen.

4. That such conduct be without lawful excuse.

Where no physical force is actually applied

1. An act by the accused which intentionally, or recklessly, causes another person (the complainant) to apprehend immediate and unlawful sexual violence.

2. That such conduct of the accused was without the consent of the complainant.

3. That such conduct was intentional or reckless in the sense that the accused realized that the complainant might fear that the complainant would then and there be subject to immediate and unlawful violence and none the less went on and took that risk.

4. That such conduct be without lawful excuse.

If you are a victim of  sexual assault whether it has been done physically or non physically immediate make a contact with a professional assault lawyer. This is because an assault lawyer can properly guide you in a right way. He or she will briefly define you about what you need to do in this horrible situation.

 

 

 

A sexual contact lawyer deals with the victims of sex crimes or individuals charged with sexual assault, endangering the welfare of a minor or criminal sexual contact. A sexual assault lawyer is the one who defend his client in the court and make certain that the law respects the client’s rights. He is also responsible for informing a client of all the available legal options.

He who found guilty of sexual crime should register as a sex offender that can have severe consequences on his/her future life or work. Another thing important to mention here is that every state has its own laws regarding regulating and incriminating sexual criminal contact.

1. The first step to become asexual assault  lawyer is to obtain your Bachelor’s degree from a college or a university. Good grades and above average GPA is more than enough to get into a law school. So, you have to make sure that you obtain good grades and end with a satisfactory GPA to qualify as an eligible candidate for a law school.

2. Passing a Law School Admission Test with a good score is mandatory for admission in law schools especially, if you want to get into a reputable law school, you need to score extremely good in the test. This test contains five multiple choice sections and a written section. This test is organized by Law School Administration Council in hundreds of locations across the country four times a year.

3. Make a list of all the accredited law schools in your city. From that list choose the ones where you want to take admission. Gather all the necessary information about the documents and other paperwork required to submit with an application form. You may need letter of recommendations to submit with an application also. For this, you can contact your former teachers to write a letter of recommendations for you.

4. In order to add some work experience in your resume, it is best to utilize your summers before law school to work as an intern or part-time job in any law firm or any other organization.

5. Almost in all the law schools, the first is based on teaching you the basic standard education about the legal system, legal writing and other skills that are necessary for an assault lawyer. In the second and third year, you will be allowed to choose courses that best fill the slot for your area of specialization. You can ask your teachers for help choosing a right curriculum for you.

6. Reading books is not enough, you have to visit courts and listen to sexual contact cases. Note carefully that how a sexual contact attorney handles a case, such as arguments, evidences etc and also the response of the prosecution.

7. On finishing the three years at law school, you will get your Juries Doctor degree.

8. In the end, you have to take the bar exam conducted by state bar association. This exam is important as you will get a license to practice law after passing it.

Sexual Assault Defense

The legal definition of sex crimes and sexual assault will oftentimes overlap. When sexual abuse includes physical harm or verbal sexual abuse, the type of sex crime may be considered “sexual assault” by the courts. Due to the malicious nature of these crimes, often times the courts will sentence those convicted to harsh consequences. Sentences vary from state to state, but all states include such penalties as large fines and jail time. People that have been convicted of these crimes may also be put on a list of sex offenders. This “National Sex Offender Registry” is made publicly available. Society tends to turn their heads away from these criminals, and therefore being registered can affect the criminal and their loved ones for their entire lives.

Sexual assault charges may be brought against people that have been assumed to be engaged in sexual contact without consent. This can occur at any age level. If a child under the age of 18 is involved, the consequences may be more severe. Common sexual assault charges are given to those accused of child molestation, sexual penetration, intercourse, inappropriate touching, or exposure of genitals.

Many people will assume those charged with sexual assault are guilty before they are even tried. However, many of these people are judged before all of the details of the case have emerged. The most effective way a person can defend themselves is through hiring an attorney. A defense attorney can help eliminate or reduce charges in many ways. This includes proving false or exaggerated testimony, showing their client’s desire for rehabilitation, or, in the event they have never been in trouble with the law, pointing out the fact that the individual has a clean record.

Here are some guidelines you should follow to help prevent a sexual assault.

  • In any situation you should always be aware of your surroundings.
  • Stay in well-lit areas.
  • Walk on the side of the street facing traffic. Walk confidently at a steady pace.
  • Avoid walking were assailants can hide, such as doorways, bushes or alleys.
  • If you believe you are being followed, walk quickly to a lighted area and where there are people.
  • If you believe a car is following you, turn around and walk in the opposite direction or on the other side of the street.
  • If someone stops you and wants directions or anything else, reply to them from a distance. Do not get too close.
  • If at any time you feel you are in danger or need help, attract people in any way you can. Scream as loud as you can. If you are carrying a self-defense product such as Mace, pepper spray or a stun gun, use it and run.
  • When you are in your car, lock the doors. If you are not in your car, keep the doors locked so that no one is able to enter your car and hide in it.
  • While walking to your car have your keys in hand and ready to unlock the door. Before you get in your car look inside to make sure no one is hiding inside.
  • While driving, if you think you are being followed, either drive to a well-lit public area or drive to a police station.
  • If your car breaks down, open the hood and attach a white cloth to the antenna and get back in your car and lock the doors. If someone stops to help, remain in your car with the doors locked and ask them to call the police.

Please follow the guidelines above to lessen your chance of becoming a sexual assault victim. Also, carrying a non-lethal or less than lethal self-defense product such as Mace, pepper spray, personal alarm or a stun gun can ultimately reduce the chances of becoming a victim and may even save your life.