Assault: A Closer Look at what Constitutes Assault

By June 1, 2019Blog

At the most basic level, assault constitutes an act of inflicting unwanted physical contact upon a person or the threat to commit such an act. While this represents the definition of assault, it is much more complex.

Classes of Assault

The first element that makes assault cases complex is the different classes of assault.

Misdemeanor Assault

Misdemeanor assault charges carry less severe punishments than felonies, but still constitute serious crimes.  In order to be charged with a misdemeanor assault charge, the prosecutor must prove a person:

  • committed an overt act that a reasonable person would find as offensive or provocative
  • or actually caused bodily injury to another person
  • or threatened another person with imminent bodily injury

Felony Assault

One major differentiation factor between misdemeanor and felony assault is the presence of a weapon. If a weapon is involved, it is classified as felony assault. In order to be charged with a felony assault charge, the prosecutor must prove a person:

  • used a weapon, or caused serious bodily injury
  • or attempted to choke/strangle another person
  • or the other person was disabled, or elderly or a public servant

Types of Assault

Assault charges can fall within a variety of different categories depending on the act that was committed and who was impacted. Generally, assault charges will fit within the following categories:

  • Aggravated Assault
  • Domestic Violence
  • Harassment
  • Sexual Assault
  • Terroristic Threat

When it comes to assault charges, having the right legal representation is very important. Navigating the complicated legal process in assault cases is paramount and Mary Beth Harrell has the knowledge and expertise to build your defense. The team of assault lawyers at Harrell Law Firm understand the complexities of the various types of assault and can assist you today. Contact us today to speak with an attorney.