Assault charge what is it

A person does not necessarily need to strike someone in order to be found guilty of assault. In fact, the legal definition and elements of proof for assault do not ever mention any kind of physical contact—only the reasonable belief that harmful or offensive contact will be inflicted on the victim. However, there are some acts that may offer stronger proof that an assault occurred. The penalties for assault will vary based on state laws, the facts of an individual case, and the degree or type of assault that was committed.

For instance, a defendant who is charged and convicted of committing a simple assault, will be found guilty of a misdemeanor offense. Other types of assault, such as aggravated assault or assault with a deadly weapon, may result in felony charges.

Keep in mind that it is a lot harder to expunge or erase a felony conviction from a criminal record than it is to remove one for a misdemeanor. Additionally, the length of prison time and amount of criminal fines may be increased in cases where the defendant is a repeat or habitual offender. In other words, if the defendant has already committed and been convicted of certain crimes in the past, then the legal consequences they may receive will be much more severe than those issued to first-time offenders.

There are a number of different legal defenses that a defendant in an assault case might be able to raise against their charges. Whether the defense is available for a particular defendant, however, will depend on the facts of their specific case and on the laws of the jurisdiction hearing the matter.

Some potential defenses that a defendant who is charged with assault might be able to raise include:. To learn more about these types of legal defenses, it is strongly recommended that a person who is facing assault charges contact a local criminal lawyer immediately. Being convicted of criminal assault can lead to serious legal consequences.

This is true even in cases where the defendant intended their actions to be taken as a practical joke or prank. Therefore, if you are facing charges for criminal assault, then it may be in your best interest to consult a local criminal lawyer as soon as possible. An experienced criminal lawyer will be able to assist you in navigating the criminal justice system, can inform you of your legal rights as a criminal defendant, and can provide representation in court. Your lawyer can also help you negotiate for a more favorable plea bargain deal if the prosecutor offers such an arrangement.

Additionally, a criminal lawyer can perform legal research to find out whether there are any defenses you can raise to reduce the charges, or alternatively, may be able to advocate for dropping the case against you in its entirety. Jaclyn Wishnia. Jaclyn started at LegalMatch in October Her role entails writing legal articles for the law library division, located on the LegalMatch website. Prior to joining LegalMatch, Jaclyn was a paralegal and freelance writer.

After several years of working for both criminal defense and entertainment law firms, she enrolled in law school. Some states, such as Florida, now have "stand your ground" laws that no longer require someone being attacked to retreat if possible and allow the defendant to fight back if attacked; however, this usually requires that the aggressor's actions be so threatening or violent that the defendant feared serious physical injury or even death if he did not fight back.

Other possible defenses are that the defendant's actions were purely accidental and that he had no criminal intent; or an insanity defense, in which the defense argues that the accused is mentally ill and did not have the capacity to control his behavior or to understand what he was doing or that his actions were unlawful.

Simple assault is a misdemeanor punishable by six months to one year in jail, depending on the specific provisions of each state's sentencing statute or sentencing guidelines. Normally, the judge in a misdemeanor case has discretion as to the length of the sentence and whether to allow the defendant to serve any portion of the sentence on probation.

For misdemeanors, defendants often also have the option of performing community service, participating in criminal education programs, or being on house arrest rather than serving time in jail. While it is usually a misdemeanor, simple assault is a serious charge because it is considered a crime of violence. But because it is a misdemeanor rather than a felony, defendants usually have options for plea bargains and sentencing arrangements that can keep their criminal records as clear as possible.

A competent criminal defense attorney can help you fight an assault charge, by thoroughly investigating your case, helping you to evaluate and assert any possible defenses, and guiding you through the criminal court process.

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In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Market Your Law Firm. Lawyer Directory. Call us at 1 Misdemeanor Assault Laws. Learn about misdemeanor assault, along with the penalties and defenses.

The Victim's Fear In states that define assault as placing a victim in fear of violence, the victim's response must not only be genuine but reasonable under the circumstances. Simple and Aggravated Assault Simple assault, usually charged as a misdemeanor, is the least serious form of assault. An assault is an overt act with the intent to do bodily harm to another together with a present ability to cause such harm, or it is an act intended to place another person in fear or apprehension of bodily harm.

The act also has to create in that other person a reasonable fear or apprehension of harm. That is the legal definition, but there are many real-world ways that it sis charged. An assault is different from assault and battery in Virginia, but they are charged the same way and are prosecuted in a similar fashion.

The punishment for each is the same. An assault is essentially a threat with the ability to carry out that threat immediately that puts that person in reasonable fear of harm.