search
top
Currently Browsing: Criminal Laws

Laws of Assault

Assault is generally defined as the deliberate act of creating fear of imminent or offensive physical harm to a person by another. It can be considered as a misdemeanor or a felony crime, depending on the state. The crime of assault is carried out through the threat of physical harm together with an apparent, existent threat to cause harm. Because state legislatures are the ones that decide on what establishes assault, there may be certain differences among states, but statutory definitions of assault are generally the same in different jurisdictions of the United States. In order to have better understanding of the specific definition in your state, it would be better to consult a criminal defense lawyer that works in your area.

Even without the actual physical contact, assault can occur. In order for an incident to count as an assault, the threat of physical harm should be intentional and forthcoming. This, and the victim being fully aware of the threat directed at them are factors that would establish assault charges. Some acts may not be considered criminal assault despite the victim feeling threatened. It will not be considered assault if a person tells of planning on causing them harm in a later time, as well as threatening a person who is not aware of the danger being directed at them.

A specific type that is punishable in all states as criminal assault is aggravated assault. This happens when a person not only commits assault but also intents or actually succeeds in inducing serious physical injuries. This is often committed using a dangerous weapon, and this is often done with the intention to kill, rape, or rob.

The punishments that come with being charged of criminal assault can be heavy and long-lasting, and it can be especially difficult if the charges were without merit. Aside from compensation, punitive damages can also be given by the court. Consulting a Dallas criminal defense lawyer is one way to ensure that those who are charged with assault are able to defend their side of the story and justify their actions. There various ways to defend an assault charge, but it is always with the help and guidance of a criminal lawyer. Because of the certain differences in each state r5egarding assault charges, it is recommended to consult criminal lawyers who are knowledgeable about the laws in your state.

top