The definition of the crime of assault is determined by state law and differs in different states. Generally, a charge of criminal assault is lodged when a person threatens or tries to touch or strike another person in a manner that is offensive. The threat or attempt is intended to create “reasonable apprehension,” or reasonable fear, in the other person of imminent harm or offensive contact.
An example of this is when a person shakes their closed fist close to the face of another person, intending to make the other person fear that they will hit them. Even though there is no contact, assault charges can result because the perpetrator intended to create the fear of harmful contact in the victim. The perpetrator wanted the victim to feel afraid that the perpetrator was going to hit the victim.
Assault is different from battery. The crime of battery requires actual, completed physical contact. In some cases, a person can be charged with both assault and battery if the facts show that both crimes were committed.
Are There Different Types of Assault?
There are many, many different types of assault. The types of assault depend on various factors, including the following:
- The degree of harm involved or intended;
- The characteristics of the victim, e.g., if the victim was a law enforcement officer;
- Whether a weapon is used and, if so, what type.
The various definitions and classifications of assault differ from state to state. Some common assault charges in many states are as follows:
- Misdemeanor assault: The definition of misdemeanor assault depends on the law of the state in which this crime is charged. In New York state, a person can be charged with misdemeanor assault, even if they used a deadly weapon in the commission of the crime. A person can also be charged if they caused injury to another person with criminal recklessness as opposed to the intent to injure or seriously injure another person.
- In other states, misdemeanor assault is likely to be a simple threat of offensive or harmful physical contact;
- Felony assault: This is a more serious type of assault that results in harsher punishment. It generally involves serious harm or the use of a deadly weapon;
- Sexual assault: This kind of assault charge involves conduct or behavior that is of a sexual nature;
- Vehicular assault: This is an assault charge with a motor vehicle. It is often a very serious charge, as vehicles are typically considered to be deadly when used as a weapon.
- Aggravated assault: These are assault charges where certain factors are present, such as the use of a weapon, assault on a woman or child, or serious bodily harm. These are usually classified as felony assault charges as well;
- Assaulting a protected class: This assault charge occurs when the assault is committed against a member of a designated protected class;
- Assaulting a police officer: This is usually also classified as a felony.
There may be other types of unique assault charges, such as medical assault or assault involving toxic or poisonous substances.
What Are the Punishments for the Kinds of Assault?
A simple assault is likely to be a misdemeanor criminal offense in most states. This would mean that the punishment is imprisonment in the county jail for no more than 1 year and/or payment of a fine in some amount that would probably be less than $1,000.
The offense becomes more serious when a deadly weapon is involved, e.g., when the perpetrator points a gun at their victim, generating a fear in the victim that the perpetrator is going to shoot them.
Technically, an assault with a deadly weapon occurs when an attacker uses a physical object capable of inflicting serious bodily injury or death by virtue of its design or construction.
The phrase “deadly weapon” can include a wide range of objects that can inflict mortal or great bodily harm on another. For example, a car or a golf club can be a deadly weapon if used in certain ways.
Some states classify knives and guns as “deadly weapons per se.” This means that the prosecutor is not required to present evidence at a trial of the fact that they can be used to cause mortal or serious injury. This ability can be presumed.
Of course, certain instruments, such as pocket knives, shoes, hammers, and baseball bats, while not intended to be deadly, can become deadly weapons if used in a certain way upon a certain kind of victim. When used in certain ways, parts of the human body can be deadly weapons.
The vast majority of states classify the crime of assault with a deadly weapon as a felony criminal offense. The punishment would include the possibility of a term of imprisonment in a state prison.
For example, in California, say a person commits an assault with any deadly weapon other than a firearm. In that case, the crime can be charged as either a felony or a misdemeanor that is punished by a term of imprisonment for 2, 3, or 4 years, or in a county jail for a maximum of 1 year, or by payment of a fine of not more than $10,000, or by both a fine and imprisonment.
If a person commits an assault with a firearm, the punishment is the same except, if the person is sentenced to county jail, they must serve a minimum of 6 months and not more than 1 year.
If a person commits an assault with a machine gun, an assault weapon, or a .50 BMG rifle, the punishment is imprisonment for 4, 8, or 12 years.
In New York state, the definition of the crime of assault is the crime of assault with a deadly weapon in most other states. In New York State, assault involves causing physical injury to another person either intentionally or recklessly. For example, a perpetrator could assault someone by punching, shooting, biting, or stabbing them. This would be the crime of battery in many other states because it involves an offensive or harmful physical contact.
In New York, assault with a deadly weapon is an assault in which the perpetrator uses a firearm, a knife, a billy, a blackjack, or metal or plastic knuckles. In New York, a perpetrator can be charged with assault in the first, second, or third degree. First and second-degree assault are felony offenses, while third-degree assault is a misdemeanor.
Are There Any Defenses to an Assault Charge?
Among the defenses available to an assault charge are the following:
- Self-defense: If a perpetrator claims self-defense, they have to show that they used only reasonable force and only to protect themselves or a third person from an attack;
- Extent of Injury: In some states, the extent of any injury inflicted by the perpetrator on the victim has an effect on the crime charged, i.e., whether it is assault or aggravated assault or whether it is a first-degree or third-degree assault. If the definition of the crime includes the requirement that actual physical contact occurred, a defendant might claim that there was no contact.
- Alibi Defense: The alibi defense is always available for any kind of criminal charge, and assault is no exception. The person charged can claim that they were in another place doing something else at the time the crime took place. It can be helpful to have a witness who can testify that they were with the perpetrator at a location far from the scene of the crime.
Do I Need the Help of a Lawyer for an Assault Charge?
If you have been charged with any type of assault in any degree, you want to consult an experienced assault lawyer.
LegalMatch.com can connect you with a lawyer who can review the facts of your case, identify any defenses you may have, and provide you with expert representation. Your lawyer may be able to negotiate to change the crime with which you are charged to a less serious offense. Or, your lawyer will be able to present you in court if that should become necessary.
