Assault 101

Assault 101

“A peanut walked down an alleyway. It was a salted.”

Many people don’t quite know exactly what assault it. People throw around the word flippantly without understanding its true meaning. Here are a few things you might want to know about assault.

Assault: Putting a person in fear of a battery
That’s right. You do not have to even touch someone to be charged with and convicted of assault.  All that is required is that someone else fears that you are going to touch them in a harmful or offensive way.

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Here are some situations that might be considered assault:

  1. Raising a fist to someone
  2. Charging at someone on a bicycle or in a car or
  3. Approaching someone with a weapon.

There is one situation that cannot be considered assault: Words alone.

The words must be accompanied with threatening action to be considered assault.

What happens if I’m convicted of assault?
If the Judge determines that there is sufficient evidence to convict you of Assault, the range of punishment can be anywhere from:

  1. having the matter taken under advisement
  2. ordering no contact with the victim
  3. twelve months in Jail
  4. a $2,500 fine.

Why do I always hear “Assault and Battery”?

Remember the definition of assault?

Assault: Putting a person in fear of a battery
The definition of battery is usually called “assault and battery”, and it is an unwanted, harmful or offensive touching.

Battery is taking Assault one step further.  It is the actual touching or hitting of another person.

Here are some situations that might be considered assault and battery:

  1. Raising a fist to someone and hitting them
  2. Charging at someone on a bicycle or in a car and hitting them
  3. Approaching someone with a weapon and hitting them

Get this: you can be convicted of battery even if the person whom was struck was not injured.

The range of punishment for Battery is the same as for Assault; up to 12 months in jail and a $2,500 fine.

You always want to be careful when dealing with people around you, but if you or someone you know is charged with Assault, contact our Office Today for a Free Consultation.  Help is just a click away: Steidle Law Firm!