The 6 Kinds Of Assault Charges A Person Could Be Charged With

Law Blog

There are six ways you can be charged with assault. Since assault is a crime of violence, it is a serious charge and the consequences of being convicted of it can be profound.

1. Simple Assault

A simple weaponless assault is one where the victim has only minor injuries resulting from an attack, such as from a slap across the face. It usually is a misdemeanor, but if it was perpetrated on a vulnerable person (a child, elderly or disabled person) or a person working in a protected class, the grade of misdemeanor would be higher, or the charge could become a felony.

People who work in these occupations are included in the protected class:

• Police and corrections officers
• Judges
• EMS personnel
• Teachers
• Mental health care providers
• Utility workers, and 
• Other types of people with public service professions

2. Verbal Assault

Verbal Assault is orally threatening a person, and can include derogatory speech with it, to such an extent that it could cause them to have psychological or emotional injury. To receive a charge for it, there may be a requirement in your state that the threats be accompanied with menacing gestures such as balling up your fists and advancing towards the person as if you are preparing to strike them.

While verbal and simple assault may result in misdemeanor charges, the next four types will result in felony charges.

3. Sexual Assault

Sexual assault is when one person attempts or is successful in engaging in a sexual act with another person against their will/without their consent. It is very likely that a person committing this act will be charged with other assault charges in conjunction with this charge.

4. Aggravated Assault

Aggravated Assault is a physical attack against another person, usually with a deadly weapon. May be perpetrated while engaged in sexual assault, robbery, or other crimes.

5. Physical Assault

A physical attack on another person that causes "grievous" bodily harm. It often precedes a murder attempt.

6. Felonious Assault

This charge is given when the assault has resulted in serious harm to the other person (including an unborn child), and it includes using force with a weapon. The person engaging in it is not merely wanting to intimidate or frighten someone, but has malicious intent.

Defenses to Assault Charges

Defenses to an assault charge include:

• The alibi defense  --"I wasn't there, it wasn't me…,"
• Self Defense
• Mitigating factors, such as having a mental illness, or temporary insanity at the time of the incident due to inciting factors, or
• The incident was accidental -- You had no malicious intent

For a misdemeanor charge, you might face some jail time or house arrest, or you may be given probation, community service, and/or be required to attend an educational program on anger management. The felony assault charges could result in several years or even a decade or more of incarceration depending on the degree of the charge,

For an assault charge of any sort, you will need to contact general practice attorneys as soon as you can, to prepare a good defense. 

13 October 2015