Simple assault is the attempt to cause serious physical harm to another individual. It also refers to causing the individual to be in fear or apprehension of an imminent battery. The crime does not involve physical contact with the victim.
While assault and battery are often linked together when discussing criminal activity, they are actually two separate offenses. Battery occurs when a person uses unlawful and unauthorized force against someone, which results in offensive touching or physical injury.
Simple assault has three elements:
To be successful, a prosecutor must prove each element of the assault.
Aggravated assault, sometimes referred to as felony assault, is more serious than simple assault because the defendant:
Aggravated assault also includes having sexual contact with anyone under the age of 14 years old.
Simple assault is considered a misdemeanor in most jurisdictions, which is punishable with fines and/or jail time. Aggravated assault is typically classified by states as a felony punishable by time in prison and fines.
Yes, it is serious and could result in jail time and fines. To understand more about your case, contact a criminal lawyer. Your lawyer will determine the best way to resolve your legal issue.
Last Modified: 03-20-2018 12:49 AM PDTLaw Library Disclaimer
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