Assault is a crime involving physical violence or the threat of violent harm. Criminal laws classify assaults as either simple or aggravated, depending on the severity of the attack. Even if the victim isn’t physically hurt, an assault can still have a serious effect on their lives and emotional health. Defending yourself or someone you care about from assault charges requires a team of experienced criminal defense lawyers.
To be charged with assault, police must prove that you caused someone to apprehend immediate harmful or offensive contact. The element of apprehension doesn’t necessarily require that actual physical contact take place, but rather that the defendant’s actions and verbal expressions made the victim believe they were in danger of harmful or offensive contact. The fear must also be genuine and reasonable; a completely irrational or unfounded fear would not suffice for an assault charge.
A convicted assault offense can carry jail, prison, probation, and/or a fine. The type of punishment you will face will largely depend on the degree of your assault offense and whether you were acting in self-defence or with a deadly weapon.
Most jurisdictions have laws that make it a crime to intentionally injure another person or cause them to fear injury. The most serious assault offences are often called first-degree assault, which is a felony and carries a severe penalty. Generally, this involves an attack that causes serious injuries or attacks a person with a deadly weapon. Other factors that can raise an assault to the first degree include poisoning, exposing someone to HIV, and attacks on law enforcement officers, fire fighters, paramedics, social workers, judges, or children.