Unlawful Assault
Defending Against Unlawful Assault Charges in Monongalia County, WV
Frank Walker Law – Experienced Criminal Defense Attorney
If you’ve been charged with unlawful assault in Monongalia County, West Virginia, it’s crucial to act quickly. An assault conviction can lead to serious criminal penalties, including fines, jail time, and a permanent criminal record. At Frank Walker Law, we specialize in defending individuals against assault charges and other violent crime accusations. With years of experience representing clients throughout Monongalia County, we provide dedicated and effective legal counsel to fight against your unlawful assault charges.
What Is Unlawful Assault Under West Virginia Law?
In West Virginia, unlawful assault is a crime defined under WV Code § 61-2-9. Assault generally refers to the intentional infliction of bodily harm or the threat of harm on another person. Unlike other assault-related offenses, unlawful assault specifically refers to an intentional attack that causes bodily injury but does not rise to the level of aggravated assault.
Key components of unlawful assault include:
Intentional Injury: The injury must be intentionally caused, meaning it was not accidental or due to reckless behavior.
Bodily Injury: The injury does not have to be severe but must result in harm to the victim, such as bruising, cuts, or broken bones.
Penalties for Unlawful Assault in Monongalia County, WV
Unlawful assault is classified as a felony offense in West Virginia. The penalties for a conviction include:
Jail Time: Convictions for unlawful assault can result in up to 1 to 3 years in prison.
Fines: A conviction may also carry fines of up to $5,000.
Probation: In some cases, a judge may offer probation, especially if the crime was not particularly severe.
Criminal Record: A conviction will result in a permanent criminal record, which can affect your job prospects, educational opportunities, and more.
Common Defenses Against Unlawful Assault Charges in Monongalia County, WV
When defending against unlawful assault charges, several legal strategies may be used, depending on the circumstances of the case. At Frank Walker Law, we work with you to build the most robust defense possible. Here are some common defenses against unlawful assault charges:
1. Self-Defense or Defense of Others
One of the most common defenses against an unlawful assault charge is that you acted in self-defense or in defense of others. Under West Virginia law, you have the right to protect yourself from imminent harm. If someone is attacking you, you can use reasonable force to protect yourself.
To successfully argue self-defense, the following must be proven:
You were facing an imminent threat of harm.
Your response was reasonable and proportionate to the threat.
You did not provoke the altercation or escalate it unnecessarily.
If you were protecting yourself or someone else, this defense could lead to the dismissal of charges or a not guilty verdict.
2. Lack of Intent
For a conviction of unlawful assault, the prosecution must prove that the injury was caused intentionally. If the injury occurred accidentally or was a result of reckless behavior rather than intent, it could be argued that there was no unlawful assault. We may show that your actions were unintentional or that the injury resulted from a momentary lapse in judgment rather than a deliberate attack.
3. False Accusations
Unfortunately, false allegations of assault can occur for various reasons, including personal disputes or misunderstandings. If you’ve been falsely accused, we will work to discredit the accuser’s testimony and show that the evidence does not support the charges. We may also investigate motives for making false claims and look for inconsistencies or contradictions in the accuser’s statements.
4. Lack of Sufficient Evidence
In criminal cases, the prosecution bears the burden of proof. For an unlawful assault conviction, they must prove beyond a reasonable doubt that the assault occurred and that you were responsible. If the prosecution cannot provide sufficient evidence—such as eyewitness testimony, physical evidence, or forensic evidence—we may challenge the case, leading to a reduction of charges or a dismissal.
5. Mutual Combat
If both parties were engaged in a mutual physical altercation, the charge of unlawful assault might not apply. West Virginia law provides that mutual combat or “fighting in the heat of passion” may not always result in an unlawful assault conviction, especially if the fight was initiated by both parties without one party trying to cause injury.
The Importance of Legal Representation in Unlawful Assault Cases
Unlawful assault charges are serious, and the penalties for a conviction can significantly impact your life. Having an experienced criminal defense attorney by your side is essential for the best possible outcome. At Frank Walker Law, we provide aggressive and strategic representation to individuals facing unlawful assault charges in Monongalia County.
Our criminal defense team will help you understand the charges against you, explore every legal option, and work to develop a defense strategy that gives you the best chance at a favorable outcome. Whether we are seeking a dismissal, reduction of charges, or acquittal, we will fight tirelessly to protect your rights.
Why Choose Frank Walker Law for Your Unlawful Assault Defense?
Proven Experience: We have years of experience representing clients in Monongalia County and throughout West Virginia. We understand the local legal landscape and the strategies needed to defend assault charges.
Aggressive Defense: We take an aggressive approach to defending against unlawful assault charges, working hard to challenge the evidence, uncover weaknesses in the prosecution’s case, and seek a favorable outcome for you.
Personalized Attention: We recognize that every case is unique, which is why we take a personalized approach to every defense, tailoring our strategy to your specific needs and circumstances.
Favorable Outcomes: Our track record of success includes a history of favorable verdicts and case dismissals in criminal defense matters, including unlawful assault charges.
Contact Frank Walker Law Today
If you are facing unlawful assault charges in Monongalia County, don’t delay in getting the legal help you need. At Frank Walker Law, we offer a free consultation to discuss your case, answer your questions, and begin developing a defense strategy.
Call today or fill out our online contact form to schedule your consultation. Let us fight for your rights and work toward a positive resolution to your criminal case.
Frank Walker Law – Defending Your Rights and Your Future.