Assault charges frequently follow violent interactions. When one person intentionally attacks another and causes them serious injuries, the state is likely to take legal action in response.
However, sometimes people end up facing assault charges over arguments that didn’t become physical or fights where neither party sustained major injuries. A defendant looking at options for responding to their charges might consider highlighting the lack of serious injuries as part of their strategy.
Despite what many people might expect, that approach is unlikely to be successful unless it is part of a broader strategy that raises questions about the prosecutor’s claims and the legitimacy of the charges.
Assault does not always involve violence
Neither a one-sided act of violence nor an actual physical fight is actually necessary for West Virginia state prosecutors to pursue assault charges against an individual. The definitions included in state statutes allow prosecutors to bring assault charges in cases involving threats of harm or criminal activity.
Verbal threats, intentionally intimidating body language or messages sent via digital technology could all provide the basis for assault charges. If reasonable people might fear for their safety based on the acts or words of an individual, then prosecutors may be able to charge that person with assault.
Anyone facing violent criminal charges may need assistance understanding the law and what defense strategies could help mitigate the consequences they potentially face. Plea bargains, evidence suppression, claims of self-defense and other strategies can be options for defendants facing assault allegations.
The right strategy can make a major difference for those hoping to avoid a conviction. Consulting with a criminal defense attorney can help people better understand state statutes and the various viable defense strategies that can help those accused of assault.
