Assault - Johnson Criminal Defense

You hear it on TV and in the movies, “You have the right to remain silent…” But what does it mean?

On more than one occasion, I have spoken to someone who tells me, “ They didn’t read me Miranda when they arrested me.” They think that this means that the arrest was bad and that the case will get thrown out. But, the Mirandawarning you hear on TV and in the movies has nothing to do with the validity of the actual arrest – even though it is almost immediately recited to the “perp” upon arrest in the entertainment realm. “You have the right to remain silent. Anything you say or do can and will be held against you in a court of…

You Don’t Have to Touch Someone to Commit an Assault

There are TWO DIFFERENT WAYS that the state or a police officer can CHARGE YOU WITH ASSAULT. The FIRST way is conduct that most people would call assault – HITTING OR STRIKING SOMEONE and causing him or her harm. The statute provides that a person is guilty of assault if that person “intentionally inflicts or attempts to inflict bodily harm upon another.” The SECOND way to be charged with assault involves less obvious conduct. The statute provides that whoever “commits an act with intent to CAUSE FEAR in another of immediate bodily harm or death” is guilty of assault. This…

Tag: Assault

You hear it on TV and in the movies, “You have the right to remain silent…” But what does it mean?

You Don’t Have to Touch Someone to Commit an Assault