Assault is generally defined as a physical attempt or physical threat of violence with the intent to cause harm to a person. Assault, which is a criminal offense, differs from Battery, which is the civil "tort" that may be complained of in a civil lawsuit and is considered an uninvited and unwanted wrongful touching.

Though assault and battery are separate legal theories, the two can occur at the same time.

Anyone who physically threatens to injure someone or tries but fails to injure someone may be charged with assault. This is different from "menacing" in some states, which differs from assault in that menacing is an act that causes another to reasonably feel alarm or fear for their physical safety.

In any case, there is often ambiguity as to what constitutes a threat or attack. Assault charges can arise out of heated relationships between people with animosity for each other, and the charges are not always legitimate.

If you have been charged with assault, you need to ensure that your rights are protected. Please contact us today for a free consultation with an experienced criminal defense lawyer who can help you ensure that your legal rights are protected.

Aggravated Assault

In many jurisdictions, aggravated assault is an assault where more serious bodily injury was intended or a deadly weapon was displayed or used. One may also be charged with aggravated assault if the suspect showed a blatant indifference to human life. Aggravated assault can result in more serious penalties than simple assault.

Defenses to Assault

An experienced criminal defense attorney will be familiar with the many types of assault defense arguments that can include but are not limited to:

• Consent - The defendant had permission to commit the alleged act. (The law does not permit someone to consent to being assualted. But, in cases where fighting is involved, the facts can influence the outcome of the case or the plea offers extended by the prosecutor).
• Punishment: if, for example, the charges stem from an incident involving a child, the defendant may claim that the act was to punishment an agressor. (Again, the law does not permit people to punishment into their own hands. But, in cases where guilt cannot be avoided, such factors can mitigate the defendant's punishment. Such facts may also influence the outcome of the case or the plea offers extended by the prosecutor)
• Self Defense - to use this as a defense, the force used has to be reasonable and proportional to the violence it was intended to stop. But, beware. Some states are "John Wayne" jurisdictions and some are not. Everyone knows the archetype John Wayne character; he never backs down from a fight. In a "John Wayne" state, if someone tries to assault you, you are legally permitted to stand your ground. In other States, you may have to prove that you first tried to run away or that there was no where to run when you decided to commit to assaulting the other.
• Defense of Others - When one person assaults another to prevent that person from committing a violent act upon a third person, the person who stepped in may be not guilty of assault. However, as with self-defense, the amount of force and violence used must be reasonable and proportional to the violence it was intended to stop.
• Preventing a crime - Some states permit using force to prevent crimes. The amount of violence used to prevent the crime must be reasonable and proportionate.
• Defense of property - Some states, under certain circumstances, legally allow the use of force to defend property.
• Stopping a home invasion - Many people believe that force is permitted once someone crosses the threshold of your home. However, some states follow that "John Wayne" philosophy while others do not! That means, depending upon where the assualt occurred, a defendant may actually be criminally responsible for injuries caused to a home invader, if the amount of force used exceeded what was necessary to protect from the home invasion.

Good criminal defense lawyers are well-acquainted with these and other defenses as they pertain to differring state laws. Assault can be treated as a misdemeanor or felony and assault convictions can lead to heavy fines, probation, or even jail time. If you or a loved one has been accused of assault, please contact us  for a FREE consultation with a good, qualified criminal defense attorney who can answer all of your questions, thoroughly review your case, and aggressively fight to protect you.

If you would like to ask a legal question or get legal advice regarding criminal defense, please contact us for a free case evaluation.

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