Remember, not all attorneys are created equal so it is a good idea to find one with a good reputation in the community. We've helped more than 5 million clients find the right lawyer – for free. If you need a custom essay or research paper on this topic please use our writing services. , which occurs when a person uses unlawful and unauthorized force against someone, which results in offensive touching or physical injury. Despite there being no injury or infliction of bodily harm, the defendant could still be charged with simple assault involving physical contact. Simple Battery Charges: Battery Misdemeanor, What is Assault and Battery? Your Copyright 1999-2021 LegalMatch. that is more serious than simple assault. The prosecutor on your case must prove all the elements of the crime in order to get a conviction. In New Jersey, simple assault [N.J.S.A. Classifications Simple Assault Charges in Texas. The punishments can range from probation, fines or jail time. Simple assault is. There are a number of crimes that apply to situations where you are in an altercation with another person. 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. If you grab a knife and try to stab somebody, but you miss, you can still be charged with simple assault. Simple assault is considered a misdemeanor in most jurisdictions. Law, Intellectual There was no intent, reasonable apprehension, or imminent harm to the victim. How Does Simple Assault Differ from Other Related Crimes? 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. Online Law A more unusual example of battery is grabbing and ripping someone’s clothing in anger. 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. An attorney can review your case and determine if there are any defenses available that could help you get the charges dropped. The definition of the term varies from state to state. Simple assault in Louisiana is a misdemeanor offense. Simple assault synonyms, Simple assault pronunciation, Simple assault translation, English dictionary definition of Simple assault. Example of Simple Assault. A simple assault, which is typically charged as a misdemeanor crime, is considered the least serious type of assault charge. Should I Contact an Attorney About My Simple Assault Charge? Some jurisdictions refer to this crime as felony assault because it is usually classified as a felony and can result in a prison sentence. 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. An example of this is waving your fists at someone in a way they would believe that you intend to hurt them. Examples of Assault and Battery under CA Penal Code § 242 Striking someone. LegalMatch, Market In most cases, simple assault is a disorderly persons crime in New Jersey. The following is an example of a state statute (Georgia) defining Simple Assault: If you have been charged with simple assault, the experienced simple assault defense attorneys at Brickfield & … There are a number of crimes that apply to situations where you are in an altercation with another person. As discussed above, simple assault is only a misdemeanor. Simple assault in Virginia (Va. Code §18.2-57) is a Class 1 misdemeanor. For example, you can be. A simple assault, which is typically charged as a misdemeanor crime, is considered the least serious type of assault charge. However, keep in mind that a person can solely be charged for assault without also being charged for battery. 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. The punishments can range from probation, fines or jail time. 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. Felony Assault Lawyers: Is Assault and Battery a Felony? You attempted to cause serious physical harm to another individual. The main element of assault under § 242’s battery statute is the use of force or violence. Punching or kicking another person, or otherwise striking them, is a common example of assault. Because all of the elements were not met, the charge must be dismissed. In other words, assault is the attempt to commit battery. Home » Blog » Understanding Simple Assault. Simple Assault (M2) also cannot be expunged or sealed pursuant to a limited access order. This is considered a touching because the clothing is an extension of the person. 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. Law Practice, Attorney an intention, coupled with a present ability, of actual violence against his person, as by … See examples of Simple assault. Property Law, Products 2. a. Law, Government If you punch someone in the jaw during an argument, that’s simple assault. 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. Law, About Aggravated assault typically involves circumstances that make the crime more serious in nature. Other offenses included vandalism, simple assault, and aggravated assault. Law, Immigration Get professional representation. In many states, shoving or slapping someone during an argument would be classified as simple assault. You can also face these charges if you caused injury with a deadly weapon. your case. In some situations, they may also be able to have the charges being faced reduced. (720 Ill. Comp. Even a pregnant woman is liable to simple assault case on her unborn child if … 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 … 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. As a full service criminal law firm, Vinas & Graham practices in most areas of the law. As such, any person charged with simple assault in New Jersey should contact aRead More 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. There are felony grades of assault that are determined based on the alleged facts. 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. Simple Assault. 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. It's one of those charges that is easy to charge them with unless the accused fights it. As with any crime, you may have some defenses available to you to defeat the charge. Ashley started her career as a practicing litigator specializing in insurance defense and employment law. Despite there being no injury or infliction of bodily harm, the defendant could still be charged with simple assault involving physical contact. For example, some states require that you attempted to flee or that you made certain steps to de-escalate the situation. 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. 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. 2C:12-1(a)] is a violent crime. Georgia courts have analyzed the issue of the intent required to commit a Simple Assault. Sometimes you do not even have to come into physical contact with the victim to be charged with a crime. A strong or cutting verbal attack. The victim must have perceived that a harm or threat made by the defendant could possibly happen. Ashley also has many years of experience with remote employment. 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. It usually includes a limited threat of violence or a minor injury. 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. b. This example Simple Assault Essay is published for educational and informational purposes only. Generally if a person is charged with battery they will also be charged with 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. Assault is a tort and occurs when one person intentionally places anther in a state of fear. In most cases, verbal threats will not be enough to cause an assault charge to be filed. 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. 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. 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. The prosecutor on your case must prove all the elements of the crime in order to get a conviction. --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. However, criminal assault is a simple assault coupled with aggravating criminal activity or a felony, such as attempting to rob someone a gunpoint. Estate § 5/12-3.) 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