Overview

Assault is a crime that occurs when one person tries to physically harm another, or act in a way that makes other person feel that he/she is under attack or pose an immediate threat. Actual physical contact is not always necessary in an assault; threatening gesture that would alarm any reasonable person can constitute an assault. Typically assaults are treated as misdemeanor and not as Felony but Aggravated Assaults are treated as Felony.


Types of Assaults

There are two major types of Assaults; Simple and Aggravated Assaults

Simple Assault:

Simple Assault can be distinguished as; touching without consent, where no harm is caused, no weapon is used, and it is not of a sexual nature. Simple Assault can simply consist of the violation of someone's personal space or touching in a way that is considered as inappropriate by the victim. Whereas, one's personal space is generally consists of an arm's reach.


Aggravated Assault:

Aggravated Assault involves wounds, disfigurement and danger to the life of complainant. Typically an assault is considered to be aggravated when the harm caused by that assault becomes more serious and is beyond minor level. Aggravated Assaults are treated as Felony or a serious crime. Guilty of felonious assaults may face up to 15 to 20 years of imprisonment and fine according the laws of his/her state. Aggravated Assaults are considered as a stronger type of assault, where a weapon is usually involve. An Aggravated Assault is committed when a person intentionally or consciously attempts to cause a serious injury to the other person and does not care for the human life. Aggravated Assaults are different from simple assaults by the offender’s intent i.e., in the cases of rape and murder.


Sexual Assault:

Sexual Assault is just like other forms of assault, as it also involves unwanted touching. It is different from simple and aggravated assault only because here, sexual aspect is involved and touching violates the integrity of victim.


General Defenses to Assault: The Strategy :

There are many possible strategies for assault defenses. Many tactics can be used to handle these cases. If no serious injury occurred in an assault, we can argue the intent; whether accused really intended to cause harm to the victim or is victim’s fear legitimate and true? A Defense Attorney can try to prove that the accused, who committed the alleged assault, acted in self defense, to safe someone else or was otherwise justified in taking action under the circumstances.


Penalties:

If somebody is accused for Aggravated Assault or Sexual Assault, he/she may have to face serious criminal charges with large penalties and imprisonment if he/she is convicted. Aggravated Assault generally falls under Felony 1 or Felony 2 penalties which may vary from 10 to 20 years according to the respective laws of the state.


Need for Assault Attorney:

Sometimes assault cases are very complex and your choice of an Assault Attorney plays a vital role in your Assault Defense Case. There may be different factors that are involved in the assault lawsuits. An assault may have been committed in self defense or defending someone else. Experienced and qualified Assault Attorneys at Lawyer’s Area can help you a great deal in the early preparation and complete investigation of your case. We will provide an effective defense to help eliminate the assault charges or to minimize the assault crime penalty.