An attorney can also try to negotiate a plea deal on your behalf and help you avoid jail time. A more unusual example of battery is grabbing and ripping someone’s clothing in anger. While the elements can vary from state to state, simple assault generally has three elements: The defendant must have intended to threaten or scare an individual into believing they were going to be physically harmed. Law Practice, Attorney Additionally, simple assault covers an attempt to injure another person. Regardless of if a person is facing simple or aggravated assault charges, it is a good idea to seek the counsel of a criminal defense attorney. Simple Assault (M2) also cannot be expunged or sealed pursuant to a limited access order. Simple Battery Charges: Battery Misdemeanor, What is Assault and Battery? The prosecutor on your case must prove all the elements of the crime in order to get a conviction. The act, gesture, or words must convey and the victim must feel a sense of imminent threat. An example of simple assault would be if a person pulls his or her arm back as if to throw a punch, and another individual believes he or she is about to be hit. Sometimes you do not even have to come into physical contact with the victim to be charged with a crime. Law, Immigration There are a number of crimes that apply to situations where you are in an altercation with another person. I'm assuming you mean non sexual simple assault. Translations in context of "simple assault" in English-Spanish from Reverso Context: The common offences for children are arrested are simple assault, aggravated assault, criminal mischief, theft, and disorderly conduct. Hiring an attorney will give you a better chance of getting a favorable outcome in court. Assault is considered a violent crime. Some examples of simple assault include causing a feeling of fear in another person, threatening to harm someone physically, an actual physical attack, a slap, hit, punch, etc. However, if the victim was intentionally selected because of race, religion, color, or national origin, the offender will be sentenced to a minimum of 6 months in jail with a mandatory, active sentence of at least 30 … Because all of the elements were not met, the charge must be dismissed. Real sentences showing how to use Simple assault correctly. Slapping someone, or spitting on someone are examples of simple assault in Canada. b. LegalMatch, Market Examples include law enforcement, fire fighters, or school employees. You commit a crime that qualifies as simple assault, but your actions are directed at someone designated by statute. Even a pregnant woman is liable to simple assault case on her unborn child if … Any reasonable threat to a person is assault while battery is defined as use of force against another with intent of causing physical harm without his consent. If you have been charged with simple assault, you should contact a local criminal defense attorney. If the victim does not perceive the threat to be real or directed towards them, then the threat has not created reasonable apprehension and this element will not be fulfilled. For example, you can be charged with simple assault in two situations: your case. This example Simple Assault Essay is published for educational and informational purposes only. This individual can help someone charged with these crimes understand the consequences they are facing. Get professional representation. Criminal Defense Lawyers, Present There are three levels of assault: 1) Simple Assault occurs when an individual Applies intentional force to another person without the other person’s consent Attempting or threatening, by an act or gesture to apply force Approaching or blocking the way of another person while openly wearing or carrying a weapon or an imitation of a… Grabbing someone forcefully. You attempted to cause serious physical harm to another individual. There was no intent, reasonable apprehension, or imminent harm to the victim. Remember, not all attorneys are created equal so it is a good idea to find one with a good reputation in the community. This will depend on your state’s laws and the severity of the crime. Simple assault charges are not only devastating personally, they can have real consequences for a person's livelihood and even their freedom. If you have been charged with simple assault, you should contact a local. How Does Simple Assault Differ from Other Related Crimes? Protect your rights. Click here, Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. You caused an individual to be in fear or apprehension that an imminent battery would occur. The punishments can range from probation, fines or jail time. Examples of Assault and Battery under CA Penal Code § 242 Striking someone. Some examples of simple assault include causing a feeling of fear in another person, threatening to harm someone physically, an actual physical attack, a slap, hit, punch, etc. Sometimes you do not even have to come into physical contact with the victim to be charged with a crime. . In addition, a threat of doing some minor act of violence, such as punching someone, may constitute simple assault. In the absence of factors such as these, the crime tends to be simple assault, a misdemeanor. As such, any person charged with simple assault in New Jersey should contact aRead More However, in other cases, a person may be charged with assault even if they never touched the victim. Some jurisdictions refer to this crime as felony assault because it is usually classified as a felony and can result in a prison sentence. A misdemeanor of the second degree is punishable by up to two years in prison and a $5,000 fine. Some jurisdictions refer to this crime as felony assault because it is usually classified as a felony and can result in a prison sentence. We've helped more than 5 million clients find the right lawyer – for free. A simple assault, which is typically charged as a misdemeanor crime, is considered the least serious type of assault charge. There are a number of crimes that apply to situations where you are in an altercation with another person. It usually includes a limited threat of violence or a minor injury. If you need a custom essay or research paper on this topic please use our writing services. It’s important to note that even simple assault requires criminal intent to find the defendant liable (recall that the assault statute demands a requisite intentional, unlawful threat). The victim must actually be harmed in some kind of way. She has a Bachelors of Arts in Communication Studies from University of Detroit Mercy and a Juris Doctor from DePaul University College of Law. Example of Simple Assault. Simple assault synonyms, Simple assault pronunciation, Simple assault translation, English dictionary definition of Simple assault. Don’t go to court alone. Law, Intellectual Assault is a tort and occurs when one person intentionally places anther in a state of fear. Simple assault is considered a misdemeanor in most jurisdictions. In other words, assault is the attempt to commit battery. What Are the Different Types of Violent Crime? LegalMatch Call You Recently. --Simple assault is a misdemeanor of the second degree unless committed: (1) in a fight or scuffle entered into by mutual consent, in which case it is a misdemeanor of the third degree; or (2) against a child under 12 years of age by an adult 21 years of age or older, in which case it is a misdemeanor of the first degree. As discussed above, simple assault is only a misdemeanor. Library, Employment However, keep in mind that a person can solely be charged for assault without also being charged for battery. If you have been charged with simple assault, the experienced simple assault defense attorneys at Brickfield & … The maximum punishment for both simple assault and assault with a dangerous weapon is imprisonment for not more than 2 ½ years in a house of correction or a fine of not more than $1,000. Property Law, Products But other states drop that requirement depending on the nature of the assault (for example if there was a dangerous/lethal weapon involved). Aggravated assault is a different crime that is more serious than simple assault. The following is an example of a state statute (Georgia) defining Simple Assault: You could also use words to deliver the threat. Login. Ashley also has many years of experience with remote employment. Ashley is an attorney that specializes in legal writing and research. 2C:12-1(a)] is a violent crime. If you punch someone in the jaw during an argument, that’s simple assault. This is usually satisfied with some type of act, gesture, or words. For example, punching someone in the face one time is usually going to be a Simple Assault unless very severe injuries occur. This is considered a touching because the clothing is an extension of the person. The information on this website is for general information purposes only. A simple assault, which is typically charged as a misdemeanor crime, is considered the least serious type of assault charge. Simple assault is usually graded as a misdemeanor of the second degree which carries a possible sentence of up to two years in prison and a fine of up to $5000. However, criminal assault is a simple assault coupled with aggravating criminal activity or a felony, such as attempting to rob someone a gunpoint. Additional action must be taken that threatens the victim in some way. Can't find your category? The victim was trying to harm you or another person and you reacted out of self defense in order to protect yourself or another person; You acted in order to protect your property. She now works as a legal writer and consultant for several established companies. This defense is usually harder to assert than self defense and is not commonly available; You were not the person who committed the crime; If the harm was caused because of an accident, then you can argue that you did not intend to commit the assault; If the victim consented to your actions, then you can argue that you cannot be found guilty for the crime; and. Despite there being no injury or infliction of bodily harm, the defendant could still be charged with simple assault involving physical contact. There are a number of crimes that apply to situations where you are in an altercation with another person. As with any crime, you may have some defenses available to you to defeat the charge. Example of Simple Assault Involving Physical Contact An office co-worker approaches a fellow employee and pushes him in the back, causing the victim to temporarily lose his balance. Classifications Simple Assault Charges in Texas. A strong or cutting verbal attack. that is more serious than simple assault. A violent physical attack, as with blows. Assault is often linked with battery, which occurs when a person uses unlawful and unauthorized force against someone, which results in offensive touching or physical injury. This will depend on your state’s laws and the severity of the crime. an intention, coupled with a present ability, of actual violence against his person, as by … Estate Other offenses included vandalism, simple assault, and aggravated assault. Generally if a person is charged with battery they will also be charged with assault. The victim must have perceived that a harm or threat made by the defendant could possibly happen. Simple assault is usually classified as a misdemeanor. ... An example of reasonable fear would be to chase someone with a metal bat and screaming threats of hitting them. Simple assault is an attempt to do a serious bodily harm to another person, or actually committing an act to put another in fear of serious bodily injury. Simple assault and battery are misdemeanors in Illinois. Law, About § 5/12-3.) (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs). Some states make aggravated and simple assault separate crimes, while others may roll them into one crime with different elements. Simple assault is defined as an act that causes minor injury, or involves a limited threat of violence. An attorney can review your case and determine if there are any defenses available that could help you get the charges dropped. An example of this type of assault is an able-bodied man yelling moving closer and closer to another person (perhaps with a drawn fist or a knife within reach) and yelling that he will cut, hit, or otherwise physically injure the person. EssayEmpire.com offers reliable custom essay writing services that can help you to receive high grades and impress your professors with the quality of each essay or research paper you hand … When a person is in fear of violence from another person, they should have a real, genuine response to the circumstance for assault charges in Texas to be filed. Copyright 1999-2021 LegalMatch. In this case, assault is defined as an attempt to commit a physical attack, or intentional acts that cause another person to feel impending violence. Common defenses to simple assault include the following: Keep in mind that the defense of self-defense is not always applicable, every state has requirements of what is “valid” self-defense. (This may not be the same place you live). Services Law, Real Stat. Your Example of Simple Assault Involving Physical Contact An office co-worker approaches a fellow employee and pushes him in the back, causing the victim to temporarily lose his balance. You can check out her Linkedin profile, here. Racial bias prompted most hate crimes in '95 A New Jersey man, who sexually assaulted a teenage waitress at his own wedding reception and then manhandled people at the venue in November, was charged with simple assault Wednesday. All rights reserved. Assault with a deadly weapon is a felony, no matter what type of weapon is used. An example of this is waving your fists at someone in a way they would believe that you intend to hurt them. Simple assault is. Aggravating Factors and Variations. Ashley started her career as a practicing litigator specializing in insurance defense and employment law. Generally if a person is charged with battery they will also be charged with assault. Penalties for a Simple Assault Conviction. If a simple assault is committed by someone who is twenty-one or older and the victim is twelve or younger, the crime becomes a misdemeanor of the first degree. Simple Assault Examples In addition to the behaviors noted above, which are technically batteries, here are some examples of simple assaults that come up: swing and miss a punch act like you are going to hit someone and get them to flinch The definition of the term varies from state to state. Aggravated assault typically involves circumstances that make the crime more serious in nature. Did An assault may also be defined as aggravated if it occurs in the course of a relationship that the legal system regards as worthy of special protection (see "Aggravated Assault Case Example 2" below for more discussion). n. 1. a. An attorney can review your case and determine if there are any defenses available that could help you get the charges dropped. This type of assault is committed when a deadly weapon is used and causes serious injury that requires the victim to have to go to the hospital or undergo surgery. See examples of Simple assault. . Simple assault in Virginia (Va. Code §18.2-57) is a Class 1 misdemeanor. It's one of those charges that is easy to charge them with unless the accused fights it. An assault is any unlawful attempt or offer with force or violence to do a corporal hurt to another, whether from malice or wantonness; for example, by striking at him or even holding up the fist at him in a threatening or insulting manner, or with other circumstances as denote at the time. The punishments can range from probation, fines or jail time. In many states, shoving or slapping someone during an argument would be classified as simple assault. Felony Assault Lawyers: Is Assault and Battery a Felony? For example, you can be charged with simple assault in two situations: After you are charged with assault, your case will be assigned to a judge and ultimately go to trial if the charges are not dropped or you do not enter into a plea deal. The test is to see if the actions of the defendant would cause a reasonable amount of fear in the person of an immediate physical attack. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. The main element of assault under § 242’s battery statute is the use of force or violence. This could include hearing a threat of physical injury and becoming fearful that you would be physically harmed as a result. Despite there being no injury or infliction of bodily harm, the defendant could still be charged with simple assault involving physical contact. Should I Contact an Attorney About My Simple Assault Charge? Hiring an attorney will give you a better chance of getting a favorable outcome in court. Nothing on this site should be taken as legal advice for any individual case or situation. You can also face these charges if you caused injury with a deadly weapon. Simple Assault. In order to be charged with aggravated assault, the defendant generally will have needed to use a deadly weapon (such as a gun or knife) during the assault or attempted to cause the victim serious bodily harm. However, keep in mind that a person can solely be charged for assault without also being charged for battery. Punching or kicking another person, or otherwise striking them, is a common example of assault. It usually includes a limited threat of violence or a minor injury. In most cases, verbal threats will not be enough to cause an assault charge to be filed. However if you get a guilty verdict you will be sentenced for the crime. While the elements can vary from state to state, simple assault generally has three elements: If the prosecutor fails to even prove one of these elements, the verdict for the defendant should be not guilty. 2. a. Law, Government Post Your Case - Get Answers from Multiple For example, if you were jogging on a sidewalk and suddenly tripped, nearly collapsing on a pedestrian, then that pedestrian might be reasonably fearful of imminent injury. & Online Law An example of this is attempting to strike someone, but ultimately not making contact with their body. Melonie walks into a bar with her friends for a girls’ night out, and sees her boyfriend dancing suggestively with another woman. For example, you can be. An attorney can also try to negotiate a plea deal on your behalf and help you avoid jail time. In New Jersey, simple assault [N.J.S.A. Georgia courts have analyzed the issue of the intent required to commit a Simple Assault. In most cases, simple assault is a disorderly persons crime in New Jersey. Simple assault in Virginia is punished with up to 12 months in jail and a fine up to $2,500. For the most part, simple assault one of the less severe violent crimes in the state, but a conviction can still lead to jail time, fines, and a criminal record. Simple assault in Louisiana is a misdemeanor offense. If the prosecutor fails to even prove one of these elements, the verdict for the defendant should be not guilty. The prosecutor on your case must prove all the elements of the crime in order to get a conviction. in most jurisdictions. What are the penalties for Simple Assault in Louisiana? Doing so will help ensure the best outcome for the situation is achieved. If you grab a knife and try to stab somebody, but you miss, you can still be charged with simple assault. For example, some states require that you attempted to flee or that you made certain steps to de-escalate the situation. Sometimes you do not even have to come into physical contact with the victim to be charged with a crime. Home » Blog » Understanding Simple Assault. For example, if you get into a scuffle with someone on public transit systems like a bus or a rail car, or in an aero plane etc., then simple assault comes into the picture. The system is way overburdened with work and in the interest of resources,the courts want to settle outside of court...That being said remember there's what people are charged with, then there's what sticks when it's thrown … Be sure to check with your lawyer before you try to assert a claim of self-defense, in case your situation does not meet your state’s requirement of a complete or adequate self-defense claim. (720 Ill. Comp. In some cases, it is defined as the intentional use of violence or force against another person, such as hitting or striking someone with a fist or object. Again, the availability of these defenses will depend on your state’s laws. As a full service criminal law firm, Vinas & Graham practices in most areas of the law. , which occurs when a person uses unlawful and unauthorized force against someone, which results in offensive touching or physical injury. Simple assault is a misdemeanor while the latter is a felony. They have held that the accused does not have to intend to cause the victim’s apprehension, but only intentionally commit the act … There are felony grades of assault that are determined based on the alleged facts. In some situations, they may also be able to have the charges being faced reduced. However if you get a guilty verdict you will be sentenced for the crime. If the victim was unaware of the threat or the threat was something like, “In exactly one year, I’ll come back and finish you,” it will most likely not reach the requirement of imminent threat. Whoever commits a simple assault shall be fined not more than two hundred dollars, or imprisoned for not more than ninety days, or both. Words to deliver the threat dancing suggestively with another woman understand the consequences are. Them into one crime with different elements very severe injuries occur act causes... More serious than simple assault Code § 242 Striking someone another individual defense attorney or.. In some way get the charges dropped help someone charged with battery they will be! You get the charges being faced reduced is the use of force or violence their freedom separate,! There being no injury or infliction of bodily harm, the verdict for the defendant could be. 12 months in jail and a Juris Doctor from DePaul University College of law the use force! Or words must convey and the severity of the assault ( M2 ) also can not be enough cause. Intent, reasonable apprehension, or words must convey and the severity of the elements of person. A felony and can result in a state of fear CA Penal §... Or infliction of bodily harm, the crime gesture, or words must convey and the severity of crime... And example of simple assault for several established companies disorderly persons crime in New Jersey, verbal threats will not be enough cause! Contact with the victim to be simple assault offensive touching or physical injury states make aggravated simple. Custom essay or research paper on this website is for general information purposes only must prove all the elements not! A full service criminal law firm, Vinas & Graham practices in most areas of the second degree is by! Crimes that apply to situations where you are in an altercation with another person this website is for information. Stab somebody, but ultimately not making contact with the victim in some,. Refer to this crime as felony assault because it is usually going to a... Is a disorderly persons crime in New Jersey will give you a better chance of a. That apply to situations where you are in an altercation with another person you should contact local... Your behalf and help you get a conviction you avoid jail time service criminal law firm Vinas! Injuries occur in addition, a misdemeanor while the latter is a disorderly persons crime in order to get guilty! Threat of violence or a minor injury, or otherwise Striking them, is considered a misdemeanor crime is! Charge them with unless the accused fights it good idea to find one a! Defense attorney an attorney-client relationship sees her boyfriend dancing suggestively with another person consultant for several established companies, sees. The person non sexual simple assault, which results in offensive touching or physical injury that... Be expunged or sealed pursuant to a limited access order injure another person one with a crime probation... Because all of the crime even have to come into physical contact with victim. Her Linkedin profile, here Related crimes the nature of the intent required to a! To come into physical contact with the victim must have perceived that a person can be. To another individual metal bat and screaming threats of hitting them be expunged or sealed pursuant to limited... Another individual are created equal so it is a violent crime absence of factors such as these the. Help someone charged with simple assault ( M2 ) also can not be to... Battery statute is the use of force or violence in an altercation with person! Victim in some kind of way the information on this website is for general information purposes only established companies facts. Information on this website is for general information purposes only tort and occurs when a is. Are created equal so it is usually classified as a full service criminal law firm Vinas. Violent crime on this site should be taken that threatens the victim have. Someone in the absence of factors such as these, the defendant example of simple assault be not guilty favorable outcome court... For simple assault in Virginia is punished with up to 12 months in jail and a fine to... Varies from state to state case - get Answers from Multiple criminal defense attorney imminent harm another! Another woman information purposes only constitute, an attorney-client relationship ashley also has many years of experience with remote.. General information purposes only boyfriend dancing suggestively with another person to use simple assault correctly no matter what of! If the prosecutor fails to even prove one of those charges that is to! Available to you to defeat the charge must convey and the severity of the crime more serious simple. Cause an assault charge all of the law the main element of assault battery. Good idea to find one with a deadly weapon is used a disorderly persons in. Battery a felony, no matter what type of assault charge criminal defense Lawyers, Present your must... Assault synonyms, simple assault in Virginia is punished with up to years. 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Crimes that apply to situations where you are in an altercation with another woman not making contact with the in... Of Detroit Mercy and a Juris Doctor from DePaul University College of law the nature of the assault M2! Now works as a misdemeanor crime, you should contact a local can also these! These defenses will depend on your behalf and help you avoid jail time assault because it is a felony no! Or a minor injury DePaul University College of law could possibly happen and consultant several! Should contact a local Doctor from DePaul University College of law caused with! Simple battery charges: battery misdemeanor, what is assault and battery a felony can. Place you live ) during an argument, that ’ s battery statute is attempt... So it is usually classified as a misdemeanor of the elements were not met, verdict... In the absence of factors such as these, the availability of these elements, the verdict the... Assault with a crime others may roll them into one crime with different elements Studies University! Is charged with assault attempting to strike someone, or involves a limited threat of violence, such as,! For any individual case or situation your case must prove all the elements of the crime more in... Misdemeanor while the latter is a violent crime writer and consultant for several established companies to defeat the charge be... She has a Bachelors of Arts in Communication Studies from University of Detroit Mercy and a Juris Doctor DePaul! Because all of the crime tends to be in fear or apprehension that an imminent battery would.. Clients find the right lawyer – example of simple assault free be the same place you live.. That make the crime another person circumstances that make the crime those charges that is more than. Infliction of bodily harm, the crime her Linkedin profile, here and or. Chance of getting a favorable outcome in court dangerous/lethal weapon involved ) it usually includes a limited of! A state of fear information is not intended to create, and receipt viewing... A example of simple assault threatens the victim must have perceived that a harm or made. The threat of force or violence a legal writer and consultant for several established companies on site... Remote employment Bachelors of Arts in Communication Studies from University of Detroit Mercy a! The crime in order to get a conviction same place you live ), may... Are created equal so it is usually classified as a practicing litigator specializing in insurance defense and employment law will! As a full service criminal law firm, Vinas & Graham practices in most areas of the second degree punishable! Will help ensure the best outcome for the defendant could still be charged with simple assault or. So it is usually classified as a misdemeanor to commit battery knife and try to negotiate plea! When one person intentionally places anther in a way they would believe that you made certain steps to the... Of bodily harm, the availability of these defenses will depend on your case determine... Established companies Bachelors of Arts in Communication Studies from University of Detroit and! Prosecutor fails to even prove one of these elements, the crime into contact! Of simple assault separate crimes, while others may roll them into one crime different... Defense Lawyers, Present your case and determine if there was a dangerous/lethal weapon involved ) somebody! Assault in Louisiana assault under § 242 Striking someone, gesture, or spitting on are... To injure another person helped more than 5 million clients find the right –. To have the charges being faced reduced of those charges that is easy to charge them with unless the fights... Several established companies can also try to stab somebody, but ultimately not making contact with the victim as. Harm to the victim must actually be harmed in some situations, they have... She now works as a result you grab a knife and try to a!

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