Washington, DC Assault Lawyer

DC Assault LawyerA DC Assault lawyer is a lawyer that has and continues to handle assault cases in DC.  An arrest for simple assault can have dire consequences if you are convicted of the charge. Hiring a lawyer that represents individuals who have been charged with simple assault is paramount. Most people charged with simple assault in the District of Columbia is usually given a citation to appear in the District of Columbia Superior Court on a specific date.  Read our article on what will happen if you are charged with simple assault in the District of Columbia.

What is Simple Assault in DC?

What is simple assault in DCWhat is simple assault in DC?  Simple Assault in the District of Columbia is a misdemeanor crime that you made an attempt or effort, with force or violence, to injure another person.  Injury means any physical injury, however small, including a touching offensive to a person of reasonable sensibility.    The act does not have to result in injury; but it must be with force or violence, to injure another.  In other words tapping someone on the shoulder to get their attention would not be a simple assault in the District of Columbia.  However, slapping someone on the shoulder would be considered a simple assault in the District of Columbia. The Court in the District of Columbia recognizes 3 types of simple assault:  attempted-battery, intent-to-frighten, and nonviolent sexual touching.  A slap, spitting, pushing, and punching are all examples of simple assault.    A conviction for misdemeanor simple assault can have dire consequences. Hiring a lawyer that represents individuals who have been charged with simple assault is paramount. Most people charged with simple assault in the District of Columbia are usually given a citation to appear in the District of Columbia Superior Court on a specific date.   If you are not a United States citizen it can have deportation consequence. 

In the District of Columbia, the Court recognizes three types of assault with respect to simple assault: 

  • attempted-battery,
  • intent-to-frighten
  • nonviolent sexual touching

Attempted-Battery Assault is an attempt with force or violence to do corporal injury to another, consisting of any act tending to such corporal injury, accompanied with such circumstances as denote at the time an intention, coupled with the present ability, of using actual violence against the person.Intent to Frighten Assault is  that the person acted with force or violence, but the intent element is more expansively defined;   The prosecutor must prove the person intended either to cause injury or to create apprehension in the victim by engaging in some threatening conduct.

Nonviolent sexual touching is that the person acted with force or violence, but the intent element is more expansively defined;   The prosecutor must prove the person intended either to cause injury or to create apprehension in the victim by engaging in some threatening conduct.

So tell me what happens at Court for an Assault Charge

Simple assault in DC

This flow chart describe what typically happens if you are charged with simple assault in the District of Columbia.  Please read our blog on the Court hearings for simple assault in DC.

What is the Maximum Penalty for Simple Assault in DC

The maximum penalty for simple assault is 180 days and/or $1000.00 dollars.

Will I go to Jail for Simple Assault in the District of Columbia?

An attorney can not guarantee whether you will go to jail; however, we can tell you based on our experience whether you are likely to go to jail.  Most first offenders for simple assault do not go to jail.   In fact, the bigger issue is trying to avoid the criminal conviction.  

Am I Required to go to Court for Simple Assault in DC

If you are charged with simple assault in the District of Columbia you will be required to go to Court.
A good criminal defense attorney will fight to get their clients case dismissed.  When you are charged with simple assault you should contact a criminal defense attorney as soon as possible. Rollins and Chan attorneys are attorneys that have handled thousands of simple assault cases in the District of Columbia and will protect your rights. We will go to DC Superior Court and be at every hearing with you. We have over 22 years of criminal law experience. The United States Attorney’s for the District of Columbia prosecutes the cases. If the matters go to trial, most cases are not eligible for a jury trial. You will have trial before a Judge in DC Superior Court.

Whats the Best Way to Fight an Assault Charge in DC

DC Assault Lawyer

Going to Trial is not always Best:
  • There are no absolutes.    There is always a risk at trial and so we look for ways to resolve an assault case sometimes without trials.  However, rarely would we advise a client to plead guilty to one count of simple assault.  
  • Most people charged with assault are eligible for diversion.Diversion is a way to dismiss the case without getting a conviction and having a criminal record.You need to make sure you discuss different diversion options with a criminal defense attorney because it can still have deportation consequences even if not convicted. 
How can a DC Assault Lawyer Help Me?

So a lawyer who regularly practices in DC Superior Court will be able to advise you regarding all possible resolutions of your case:   Whether you

  • Go to trial
  • Accept a plea
  • Enter Diversion
  • Different defense options
Could I get Diversion for Simple Assault in DC

Some people charged with simple assault in DC are eligible for diversion. Diversion is a way to dismiss the case without a getting a conviction and having a criminal Record. You need to make sure you discuss different diversion options with a simple assault defense attorney because it can still have deportation  even if you not convicted.

What is Diversion?

simple assault lawyer in DC

People charged with simple assault in the District of Columbia are required to appear. If you are not
able to make the initial appearance, your attorney can request a postponement of the hearing until a
new date. Many people charged with simple assault try to avoid a trial and/or conviction by agreeing
to diversion options.

 Deferred Prosecution Agreement – 4 months – 32 hours of community service (Sample Agreement)

 Deferred Sentencing Agreement – 6 months – 48 hours of community service. (Sample Agreement)

Diversion is not automatically given. Your attorney will have to advocate with the prosecutor in order
to qualify for diversion options. If you are charged with Simple Assault in the District of Columbia
you should contact a Simple Assault Attorney immediately. While simple assault in the District of
Columbia is not the crime of the century, the collateral consequences can be dire.

Will I have to appear in Court

court appearance

required Court appearance

People charged with simple assault in the District of Columbia are required to appear.  If you are not able to make the initial appearance, your attorney can request a postponement of the hearing until a new date.   A DC Assault lawyer will try to get the case dismissed at the first court.   When you are charged with an assault you should contact a criminal lawyer as soon as possible.  Rollins and Chan’s attorneys are attorneys that have handled hundreds of assault cases in the District of Columbia and will protect your rights.  We will go to DC Superior Court and be at every hearing with you.     We have over 22 years of criminal law experience.

What are the Court Appearance Steps

01

Arraignment hearing for assault

Your first appearance in Court.   The Court (Judge) tells you officially what the charges are.

02

Status Hearing

The status hearing where you have to make a decision of whether you will go to trial, accept the plea offer, or engage in diversion options.

03

Trial/Sentencing

If you elected to go to trial, you will have your trial before the Court.  If you lose you will go to sentencing.  

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I was very impressed by the knowledge, professionalism, efficiency, responsiveness, and attention to detail that these 2 amazing attorneys manifested through my experience with them. They listened to all of my concerns and addressed each issue one at a time and took the time to explain everything in lengthy detail. This made me feel comfortable and they delivered on what I requested from them exactly as they promised. I HIGHLY recommend these 2 for your legal services. I promise you, you will not find a better duo., A++

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We are there with you every step of the way.

Mark and Ada have been representing people charged with assault in DC for over 22 years.

Rollins and Chan Law Firm

419 7th Street, NW Suite 405
Washington DC 20004
Phone: 202-455-5610