How to Have an Assault Charge Reduced to a Misdemeanor

Assault charges vary, depending on the severity of the injuries and the circumstances involved. If you have been charged with assault, you may be able to reduce the charge from a felony to a misdemeanor.

Instructions

1. Consult a lawyer. Any time you are accused of a crime, it is a good idea to have an attorney on your side, especially one with experience in assault charges.

2. Explain that you did not possess intent to cause significant injury. Felony assault charges require the intent to make harmful of injurious contact. If you can show that you did not possess that intent, you can have the charge reduced to a misdemeanor more easily.

3. Indicate that you did not use a lethal weapon. Aggravated assault infers an intent to cause serious bodily injury, which is harder to establish if you did not use a deadly weapon, such as a knife or a gun.

4. Demonstrate that the assault did not involve battery as well. "Battery" is defined as actually physically striking someone, while "assault" is simply the intent to do so. Unless a deadly weapon was used, it is difficult to prove felony assault if battery did not occur.

5. Explain that you did not attack a police officer. Most assault charges are treated as misdemeanors unless they were directed against the police, in which case they are considered felonies.

6. Ask for reduced charges in light of the evidence. There may be a specific procedure to follow, with which your attorney can assist you.

Tips & Warnings

• Assault requires immediate intent of inflicting violence. Words alone do not constitute assault, unless they are accompanied by the reasonable assumption of imminent harm. However, overtly threatening gestures (such as pointing a gun at someone) do indicate an assault, regardless of whether or not they were accompanied by verbal threats

• Most assault cases involve a "duty to retreat" clause, meaning that the victim is compelled to leave the area if he is at all able to do so. If the other person involved did not leave when he had an opportunity to do so, it may improve your chances of having the charge reduced.

• Check the specific laws and statutes in your area. Laws vary from location to location, and you need to identify the ones that apply to your particular case.

• Civil assault charges may still be filed against you, even if the criminal charge is reduced to a misdemeanor. You may need to prepare a defense if the other person files a civil suit.

Resources

• FindLaw.com for details on locating a lawyer and other pieces of general legal information
• The National Board of Trial Advocacy for background information on particular lawyers