Davis & Cannon, LLP aggressively defends criminal clients throughout the State of Wyoming. We have extensive criminal litigation experience at both the misdemeanor and felony level including DUIs, drug offenses, white collar crime, sexual assault, and homicide.
Violent crimes are punished harshly in Wyoming. The penalties for these crimes are severe, but the social stigma for a violent crime conviction can be even worse. If you have been charged with assault, battery, or aggravated assault, it is essential to consult with an experienced defense attorney immediately.
At Davis & Cannon, LLP, we have been protecting the rights of individuals charged with crimes for more than 70 years. Our experienced, knowledgeable attorneys have helped countless clients get charges reduced or dismissed in Gillette, Cheyenne, Sheridan and all of Wyoming. Contact us today at (307) 672-7491 for a free and confidential consultation about your case.
The Difference Between Assault, Battery, and Aggravated Assault
The term “assault” generally invokes the image of a physical attack, but the crime of assault doesn’t actually need to involve an attack, or even physical contact. If the defendant intentionally caused another person to fear immediate physical harm, this is enough to constitute assault. For example, if Gloria runs toward Sarah, clenching her fists, she may be charged with assault even if no physical contact was ever made.
Battery, on the other hand, is an assault that ends in physical contact. In the scenario above with Gloria and Sarah, if Gloria is stopped by police before making contact, it may be charged as an assault. If Gloria makes it to Sarah and strikes her, however, she may be charged with assault and battery.
Assault can be simple or aggravated. Aggravated assault, a felony offense, occurs when the defendant was in possession of a dangerous weapon or intended to commit another serious crime at the time of the assault. For example, if Trevor attacks Linda as she’s getting into her car, with the intent to rape her, but is scared away by another person before the rape occurs, Trevor may be charged with aggravated assault.
Penalties for Assault, Battery, and Aggravated Assault
As with all criminal offenses, penalties for assault, battery, and aggravated assault are largely dependent on the particulars of the case and whether you have a prior criminal record. In most cases, however, the penalties for simple assault include a fine of up to $75. The penalties for simple battery include a fine of up to $750 and up to six months in county jail.
If you have a prior conviction for these offenses, however, penalties increase. For a second conviction of simple assault, you will face fines of up to $750, up to six months in county jail and up to a year of probation. A second conviction of simple battery may result in fines of up to $1,000, up to one year imprisonment, and up to two years’ probation.
If you are charged with felony assault or battery, the penalties are even more severe. Felony charges may result if you have multiple convictions, if the offense was aggravated, or if you have previously been convicted of child abuse. A conviction of felony assault or battery carries a penalty of up to five years imprisonment and fines of up to $2,000. Aggravated assault is punishable by up to 10 years in prison.
Why You Need an Attorney if You are Facing Assault, Battery, or Aggravated Assault Charges
If you have been charged with assault, battery, or aggravated assault, you should contact a defense attorney with experience in this particular area of the law immediately.
There are a number of defenses available to you if you have been charged with any of these offenses. For example, did the alleged victim actually initiate the altercation? If so, you may be able to get charges reduced or dismissed if your attorney can show that you were acting in self defense.
Furthermore, false accusations are actually quite common when it comes to charges for assault or battery. In some cases, the true aggressor claims that the other person involved initiated the violence in order to avoid culpability. Having an experienced defense attorney by your side can make all the difference in the world.
Contact Davis & Cannon, LLP Today
If you are facing charges for any type of violent crime, the skilled legal team at Davis & Cannon, LLP can help. We will review the details of your case to determine next steps and ensure that you understand your rights and options before moving forward. It is our goal to keep you out of jail and to keep your record clean. We have been protecting the rights of individuals charged with crimes in Gillette, Cheyenne, Sheridan and all of Wyoming for more than seven decades. Contact Davis & Cannon, LLP today for a free and confidential consultation about your case.