Allegations of assault should not be taken lightly. Depending on the victim’s account of events, you may face petty misdemeanor, fourth-degree felony or third-degree felony charges. In New Mexico, each carries a maximum jail sentence and fines. Simon A. Kubiak, Attorneys At Law, PC has extensive experience helping the accused fight false or exaggerated accusations. If you believe that the charges against you are inaccurate in any way, contact Simon A. Kubiak and team today.
Defenses to Assault Allegations
The very basis of assault and battery allegations lies in intent. When a person intends to cause harm or commit a crime by committing battery or attempting to commit battery, then he or she is guilty of the alleged crime. However, say you were in a nightclub, yelled loudly to get someone to move and said person said he or she “felt threatened” by your tone. Given the circumstantial evidence (a crowded bar, loud music and the fact that you were there to have fun with friends), it is unlikely a judge or prosecutor would take the case seriously. Yet, cases stemming from overly sensitive persons arise all the time.
The key to your assault case — whether it involves simple or aggravated assault charges —is lack of intent. If you can show that the accuser misread your actions or has a history of being overly offended by others’ words or actions, you have a defense. However, do you have the tools and resources necessary to gather the evidence to build such a defense? Unfortunately, many defendants in assault cases do not.
Work With a Qualified Criminal Defense Lawyer
Too many people assume that the very act of hiring an attorney is an admission of guilt. This is not the case. In fact, hiring an Albuquerque assault defense lawyer is the best thing you can do to defend your innocence. The team at Simon A. Kubiak, Attorneys At Law, PC is familiar with false accusations and uses every resource at our disposal to ensure they do not ruin our clients’ lives. To work with a team that believes you and will support you throughout every stage of your case, contact our New Mexico law firm today (505) 998-6600.