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3 Crimes Against a Person That Fall Under Criminal Law

Offenses against an individual are actually the most serious form of criminal case. Crimes against individuals involve a person causing bodily harm to you or threatening to harm you. This means that you can sue anyone who threatens you with bodily harm, even if you’re not hurt.

Before hiring the best criminal lawyers Gold Coast, you need to understand your offenses and formulate a defense. Understanding the following common crimes against a person can ensure that you hire the right attorney who can help you get acquitted or a lesser jail term.

Battery and Assault

Battery is applying force to someone or non-consensual, intentional touching resulting in a form of physical harm. On the other hand, an assault is using force or violence to harm or injure someone. These two offenses are considered to be crimes of violence, and some American states have combined them into a single statute.

Some states consider threatening to cause bodily harm as a separate crime. A simple battery or assault is considered to be a misdemeanor, and you can face jail time or end up paying costs and fines. These crimes can be considered a felony if:

  • You used a deadly weapon to harm someone
  • The victim is a healthcare worker, firefighter, police, or a teacher engaged in their official work
  • Your action ended up causing severe bodily harm
  • You harmed someone while driving under the influence of alcohol

In most of these cases duress and self-defense are the most common types of defenses people use. But the self-defense theory claims that it’s only considered self-defense if:

  • You had no chance of retreating
  • Your attacker threatened to harm you
  • You feared for your life

If you live in a state with stand your ground law like Florida or Alaska, a self-defense claim grants you immunity against prosecution. This can protect you in cases where you ended up harming your attacker.

Abduction and Kidnapping

These two related offenses vary depending on the level of endangerment, intent, and risk of harm. Kidnapping involves taking someone from somewhere against their will, and in most cases, it’s for criminal purposes.

Abduction resembles false imprisonment (a civil tort), which involves imprisoning someone with no probable cause. If the offense happened with a certain state, then it’s handed at state level. But if it goes across the state lines, then it becomes a federal case.

Domestic Violence

This offense includes a pattern of behaviors used by anyone intending to exert their control and power over a spouse or family member. This form of violence is quite common, and some of the crimes associated with it include:

  • Emotional abuse
  • Psychological abuse
  • Economical control
  • Sexual assault
  • Physical violence

This offense mirrors some elements of battery and assault, but in this case, it includes family or intimate relationships. Unfortunately, the definition and penalty of this offense varies by state. In some American States, the first offense is usually a misdemeanor, but subsequent attacks can become a felony. However, in other states, the first offense is considered a felony.

Endnote

Crime against an individual is a serious offense that falls under criminal law. Some of the offenses against an individual can include kidnapping, and battery or assault. Domestic violence is a form of battery involving loved ones, and it can become a felony if someone is severely harmed. You need to hire the right criminal attorney who understands the different forms of defense against these offenses.