An assault is a criminal act threatening someone with bodily harm, and it can be classed as a misdemeanor or a felony. Congress and state legislatures define what constitutes an assault, and state laws vary widely. If you need to know your state’s assault definition, consult a criminal lawyer in Essex.
The Basics of Assault
A criminal assault can occur even in the absence of physical harm; all that is required is the intentional threat of harm. Examples include throwing a punch at someone, or pointing a loaded or unloaded gun at another person. There are acts that cause people to feel threatened that don’t constitute assault -; if you threaten to beat someone at a later date, an assault has not occurred. Neither is pointing a weapon at someone who is not aware that you are doing so. Aggravated assault occurs when a person commits an assault with the intent to cause severe bodily harm, and is usually done with a weapon.
Assault and Battery
Many assaults are accompanied by an instance of battery, which occurs when someone intentionally or recklessly causes bodily injury. However, the commission of an assault can be accomplished without battery.
Felony & Misdemeanor Assault
Depending on your state’s laws and the crime’s severity, an assault can be classed as a misdemeanor or a felony. Misdemeanors are lesser crimes, entailing a prison sentence of under a year, community service, fines or a combination of the above. Felonies are more severe crimes, involving longer prison sentences and extremely high fines. If the assault is minor, a defendant may be charged with a misdemeanor, but if a weapon is used, the charges are likely to become a felony.
Assault Defenses
Defendants and their attorneys can use various defenses in criminal assault cases, with the best defense depending on the crime’s specific circumstances. In most cases, a person can use force or threaten harm in the defense of themselves or another person, or in the defense of personal property. If you are facing assault charges, you should discuss case strategy and possible defenses with your Criminal Lawyer in Essex.
