Delaware Assault and Battery Attorneys

The word “battery” does not appear in Delaware law, but if you face an assault charge in this state, now or in the future, it is a serious matter. You will need advice and legal representation from a Delaware assault and battery lawyer at Abram, Gulab & Hutchison.

“Assault” generally means intentionally touching or injuring another person. The law in Delaware establishes three categories of assault crimes:

1. Third-degree assault is intentionally or recklessly causing someone’s serious physical injury or negligently causing harm using a deadly weapon. Third-degree assault is a Class A misdemeanor. A conviction may result in a penalty of up to a year in jail.
2. Second-degree assault is charged when someone causes serious injuries and uses a weapon or targets a police officer, a person over 62, or a pregnant woman. Second-degree assault, a Class D felony offense, is punishable on conviction with up to 8 years in prison.
3. First-degree assault is an assault that causes severe bodily harm to the victim. It is a Class B felony, the most serious assault charge in Delaware. A conviction for first-degree assault may be penalized with up to 25 years in prison.

What Steps Will an Assault Lawyer Take?

If you face an assault charge in Delaware, let a Delaware assault and battery attorney at Abram, Gulab & Hutchison review your case and explain your options. Your attorney may:

1. File a motion with the court to dismiss the case.
2. File a motion to suppress evidence.
3. Ask the prosecutor to reduce or drop the charge.
4. Negotiate a plea deal to avoid the harshest penalties.

What Defenses Can Be Offered Against Assault Charges?

If the state’s case is persuasive, having your Delaware attorney negotiate a plea deal may be your best option. But if you are not guilty, and if the assault charge cannot be dropped or dismissed, your attorney will take your assault case to trial and may offer one of these defenses:

1. You were misidentified, and another person committed the assault.
2. No assault happened, and the accusation is fabricated.
3. You acted legally in self-defense or to defend a third party.

Every assault case is unique, so you must speak to an experienced Delaware assault and battery lawyer who can determine your most appropriate defense strategy. If the police arrest you on an assault charge, call Abram, Gulab & Hutchison at 302-405-7010 at your first opportunity.

What More Should You Know About Assault Cases in Delaware?

Under Delaware law, self-defense justifies the use of force if:

1. You reasonably believe you are at immediate risk of great bodily injury.
2. You use no more force than necessary.
3. You are not the initial aggressor.

Discuss with your assault attorney whether you should offer a self-defense claim as your legal defense against an assault charge. A Delaware assault and battery attorney at Abram, Gulab & Hutchison will know how to bring your assault case to its best possible outcome.

Even a misdemeanor conviction for assault has consequences beyond the courtroom. That conviction can establish a criminal record that makes it challenging for you to find employment or housing, obtain a loan, receive public benefits, or attend certain colleges and universities.

Schedule Your Free Consultation

Do not try to be your own defense attorney. The assault laws in this state are exceedingly complicated. Instead, retain the services of an experienced Delaware criminal defense attorney who can effectively represent you and guide you through the criminal justice system.

Learn more about our services. If the police in Delaware have arrested you for assault, contact Abram, Gulab & Hutchison immediately by calling our Georgetown law offices at 302-405-7010 to schedule a free consultation with our Delaware criminal defense team.