Assault & Threat Crimes: A Friendly Guide for the Average Joe

Let’s be real – no one ever wants to be accused of assault or making threats. But hey, life happens. Sometimes misunderstandings occur or tempers flare, and the next thing you know, you’re facing criminal charges.

As your buddy with a law degree, I’m here to give you the lowdown on these types of crimes in simple, everyday language. My goal is to help you understand what the legal mumbo jumbo means so you can make smart choices if you ever find yourself in this situation. Sound good? Alright, let’s dive in!

What is Assault?

Legally speaking, assault is when you intentionally act in a way that makes someone afraid you’re about to physically hurt them. You don’t actually have to touch or hurt them – just make them afraid you’re about to.

For example, if you raise your fist like you’re going to punch someone, that could be assault. Or if you point a gun at them, even if you don’t plan to shoot. Anything that would make a reasonable person afraid they’re about to get hurt.

Now, you can’t assault someone by accident. You have to mean to scare them. And words alone won’t cut it – you need some kind of action too. Yelling “I’m going to punch your face in!” isn’t assault by itself. But yelling that while stepping towards someone with clenched fists? Now we’re talking assault.

Assault is usually a misdemeanor crime, meaning less serious. But it can become a felony in certain circumstances, like if you use a deadly weapon or attack a pregnant woman, kid, or elderly person. Then we’re talking aggravated assault, friend, which can land you in prison.

What is Battery?

If assault is scaring someone into thinking they’re about to be harmed, battery is actually inflicting the harm. Any kind of offensive or unwanted touching technically counts.

Punching, kicking, shoving, spitting – it’s all battery if the other person doesn’t consent. The victim doesn’t have to be seriously hurt either. If you flick someone’s ear and they don’t want you to, that’s battery. Strange but true.

Of course, some types of battery are nastier than others. If you beat someone senseless or use a weapon, that’s aggravated battery and can mean hard time. But even just a slight unwanted touch can mean misdemeanor charges.

What are Threat Crimes?

In a nutshell, it’s illegal to threaten someone with physical harm. If you say you’re going to hurt or kill someone, and they have good reason to think you might actually do it, that’s considered a criminal threat.

For example, telling your coworker “I’m going to bash your head in” could be a crime. Especially if you have a history of violence or seem really angry when you say it.

However, idle venting or joking around doesn’t count. If you tell your buddy “I’m gonna kill you if you eat the last slice of pizza,” that’s not an actual threat. The context matters here.

Threats can be communicated in person, in writing, online, through a third party – you name it. It’s the threat itself that’s illegal, not how you deliver it.

What are the Penalties?

For misdemeanor assault, battery, or threat crimes, you’re looking at fines up to $1,000 and jail time around 60-120 days. Not fun, but not life-ruining either.

If there are aggravating factors, though, or you have prior convictions, these offenses can become felonies. Then you could face years in prison plus massive fines. Not where you wanna be.

What are Some Common Defenses?

If you’re wrongly accused of these types of crimes, all hope is not lost. Here are some defenses that could get the charges dropped or reduced:

• No intent – For assault, you have to intend to scare the victim. For battery, you have to mean to touch them offensively. If it was a pure accident, that could negate intent.
• Self-defense – You can legally use reasonable force if you need to protect yourself from harm. This includes threats if you have a valid reason to believe the person will become violent.
• False accusations – Sometimes people lie about being assaulted, battered, or threatened. If you can show the alleged victim is being untruthful or exaggerating, the case against you will crumble.
• Mistaken identity – Eyewitnesses make mistakes all the time. If you can prove you weren’t even present when the crime occurred, the charges should be dismissed.
• Free speech – Threats must be specific and credible to be criminal. Venting, joking, or exaggerating may be protected speech under the First Amendment.
• Consent – For battery, if the “victim” actually agreed to the touching, there was no crime. Certain sports and other physical activities involve implied consent.