Students who attend a university must abide by the school’s code of conduct, which outlines the unacceptable behaviors and potential sanctions for violating the code of conduct. One type of conduct that can potentially lead to criminal charges is assault. Most universities have a relatively broad definition of assault. By using a broad definition of assault, however, schools may end up punishing students who engaged in rough-housing. If you have been accused of assault and are facing student conduct charges or criminal charges, contact a diligent student defense attorney to represent your interests.
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Defining What Assault Means
The term “assault” can cover both the physical violence as well as the threat of violence made by one person to another. Accusations of assault break down into two basic categories: simple assault and aggravated assault. Different states will address these categories through different means. In general, simple assault involves the threat of violence or the enacting of violent behavior. Aggravated assault involves a weapon or a perceived intention to commit unreasonable violence against another party.
Assault and Battery
While it is common to hear about a person facing charges for assault and battery, the two terms do not mean the same thing. A student’s aggressive behavior can be classified as assault if the complainant believed they were at risk for physical harm. Battery, on the other hand, may only apply if a person physically struck or otherwise violently touched another party. A student may be accused of assault without being accused of battery.
Assault and Title IX on University Campuses
Title IX of the Education Amendment Acts of 1972, which addresses how schools that receive federal funding respond to sexual violence, prohibits discrimination based on sex. As such, a criminal investigation and a Title IX investigation can happen simultaneously, and an assault lawyer can represent a student in both of these cases. A disciplinary finding could result in expulsion from the school, while criminal conviction could result in fines or even incarceration.
Criminal Response to Assault Allegations
Students accused of assault can face consequences on two fronts. If law enforcement officers become involved, then a student may face criminal charges for their alleged behavior. If one student reports another’s perceived assault to school officials, then the school may conduct an investigation too, before getting law enforcement involved.
The legal consequences for an assault conviction can be quite serious. For example, defendants may face fines, jail time, and/or community service, depending on their local and state laws. An assault defense attorney can consult with you about what to expect in the proceedings, investigate the circumstances of the alleged incident, compile evidence that could exonerate you, and retain experts who might be able to shed light on the situation. In addition, KJK has an experienced reputation management service that pushes back against unfair or inaccurate discussion of your case.
Build Your Defense with an Assault Attorney
As a college student, your future is tied to more than just your grades. Accusations of assault can make it more difficult for you to graduate and secure a job in your field of choice. Just as importantly, your freedom may be at risk if the charge is serious enough to warrant jailtime. If you are facing accusations of assault, reach out to an assault lawyer as soon as possible. They can assess your legal situation, develop strategies for your defense, and protect your reputation as it progresses. Reach out to schedule your case consultation today.
Important to Know:COVID-19: Cheating & Plagiarism
Allegations of cheating and plagiarism are skyrocketing due to virtual learning environments imposed by COVID-19. If you’ve been accused of academic misconduct during this time, please don’t hesitate to contact us.
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Enough cannot be said for how helpful KJK was ...
for me during my allegation process. Susan and Kristina were extremely knowledgeable and passionate toward my specific case. They consistently had steps of action to take in my defense and were extremely flexible when working with me. They helped prepare me, both mentally and emotionally, prior to my hearing. Thanks to their hard work, I now have my future back.”
– Successfully defended a pre-med undergraduate student for alleged cheating on a physics lab report and showed that the professor had made a critical error in basic mathematics
Susan and Kristina are great lawyers.
They helped me resolve an extremely difficult academic dishonesty accusation case against me at the university level. They had helpful ideas and were persistent in making sure my defense was the best it could be. They were creative in their way of utilizing outside resources that helped achieve a positive outcome. Good, prompt responses to my questions. I highly recommend them!