DC Assault With Significant Injury Lawyer
An assault conviction by itself can often result in grave consequences, but if the assault also causes significant injury, you may be facing even more severe penalties. For this reason, if you have been charged with assault in DC that resulted in significant injury to another person, a DC assault with significant injury lawyer can help protect your rights and create an effective strategy for your defense.
Defining Significant Injury
Assault with significant bodily injury is when a person commits an assault as defined in the same way as simple assault, but also intended or knew that a significant bodily injury would occur as a result of the assault. A significant bodily injury is defined as an injury that requires hospitalization or immediate medical attention. Significant bodily injuries are not defined as any injury that resulted in hospitalization or medical attention, because in many situations, police or an alleged victim might go to the hospital even for minor injuries. Significant bodily injuries under the assault with significant bodily injury crime only apply to situations where the injury required hospitalization or immediate medical attention.
Role of Intent
The role of intent in an assault with significant bodily injury case is that a person can only be convicted of assault with significant bodily injury if they intended or knew that significant bodily injury would occur. That means that if a significant bodily injury was an accidental consequence of an assault, then that offense would not be considered an assault with significant bodily injury and would not subject the defendant to the higher penalties associated with that level of felony assault.
Penalties
Simple assault in DC is a misdemeanor offense, meaning that it carries a maximum possible penalty of one year or less in prison. The maximum possible penalty a person would face, if convicted with simple assault, is 180 days of jail time, a maximum fine of $1,000, or both. Assault with significant bodily injury, however, is a felony, which is defined as any crime where the maximum possible penalty is more than one year of imprisonment. The offense for assault with significant bodily injury carries a maximum possible prison sentence of three years and a maximum fine of $1,200, or $500.
Any felony can carry the possibility of much longer prison sentences compared to a misdemeanor offense, higher fines, and other harsh consequences that a person may not face as a result of a misdemeanor conviction. A person could be subject to supervised release, often called as parole. A person facing a misdemeanor conviction would not be facing any period of parole. Although a person in that situation could be placed on probation, which is slightly different than parole.
Anyone facing a felony conviction could be denied many different types of jobs, including government jobs or private sector jobs that require government security clearances. A person with a felony conviction may also be denied certain kinds of licenses and would be denied the ability to own and possess a gun or other kinds of firearms. There are many collateral consequences to a felony conviction that would not be possible if a person was convicted of a misdemeanor offense like simple assault.
Working with an Attorney
If you have been charged with assault with significant injury, you should contact an experienced DC assault with significant injury attorney before telling your story to the police or anyone else. Because your words can be used against you by the prosecution during your trial, it is vital that you talk to an attorney about your rights. Your attorney will be able to analyze the evidence for and against you, conduct an independent investigation of possible witnesses, and create a strong defense strategy designed to arrive at the best outcome possible.
A charge of assault with significant injury poses the possibility of serious consequences which is why if you have been accused of assault of any kind, contacting an experienced DC assault with significant injury lawyer as soon as possible to discuss your options is an important first step.