Assault

Every state has its own definition of assault, along with varying penalties that may be imposed if a defendant is convicted. The information included here is meant to act as a general guide to assault charges; it is best to review your particular case with a criminal defense lawyer in your area. A local attorney can offer insight regarding the specific definition of assault in your state, as well as the potential penalties that one may face if charged with assault.

Assault is a violent crime which may involve the threat or attempt of violence or causing harm to another person, with the apparent or actual ability of carrying it out. While in some states, assault charges do not involve the actual striking, hitting or touching of another person (this may be a separate offense called battery), they do involve the attempt or threat of causing bodily injury. When assault charges involve the use of a deadly weapon, the defendant is likely to face additional penalties, a longer prison sentence, and higher fines. Enhanced penalties may also apply if a defendant is accused of committing assault against a peace officer, public official, pregnant woman, child or disabled person.

Assault may be charged as simple assault or aggravated assault/assault with a deadly weapon, depending upon the circumstances and the jurisdiction. This crime may count as a strike in many states, under the Three Strikes Law of the particular state. This can result in enhanced penalties for future felony convictions, including 25 years to life in prison for a third strike.