Simple Assault
Contents
Understanding Simple Assault Charges
Being charged with simple assault can be scary. But with some basic knowledge about what constitutes assault, potential penalties, and legal defenses, you can better understand your situation.
What is Simple Assault?
Simple assault is one of the most common assault charges. It involves intentionally or recklessly causing bodily injury, offensive physical contact, or threatening physical harm to someone else. Threats can be verbal, through gestures, or displayed weapons.
Simple assault covers things like shoving someone, punching or kicking, threatening to hit someone, or waving a weapon around. It doesn’t typically involve using a weapon or causing serious injuries. Those would likely lead to aggravated assault charges instead.
Simple Assault vs. Aggravated Assault
The main difference between simple and aggravated assault is the presence of a weapon, the extent of injury caused, or special victim circumstances. For example:
- Aggravated assault involves using a weapon like a gun, knife, bat, etc. Simple assault does not.
- Causing serious bodily injury like broken bones, stab wounds, etc. leads to aggravated assault. Simple assault causes less severe injuries.
- Assaulting a protected class of victim like a police officer, elderly person or child is usually charged as aggravated assault.
Simple Assault Penalties
Like most crimes, simple assault penalties vary by state. But possible consequences can include:
- Up to 1 year in jail
- Fines up to $1000
- Anger management or violence prevention counseling
- Restraining order preventing contact with the victim
- Probation requiring good behavior and check-ins with a probation officer
Penalties tend to increase for repeat assault offenses or when committed in special circumstances like domestic violence or on school property.
Defending Against Simple Assault Charges
Some of the most common simple assault defenses argue the defendant:
- Acted in self-defense – Physical force was necessary to protect themselves from harm .
- Lacked criminal intent – The physical contact was an accident, not intentional or reckless threats or harm.
- Has mental deficiencies – Psychological issues may have impaired their ability to appreciate the wrongfulness or consequences of their actions.
- Was falsely accused – No assault occurred at all and the alleged victim is lying or mistaken about what happened.
An experienced criminal defense lawyer can evaluate the available evidence and determine if any of these defenses might apply to your case.
What to Do If You’re Facing Simple Assault Charges
Here are some steps to take if you’ve been arrested for simple assault:
- Remain silent and politely decline to answer any questions until you have legal counsel present. What you say can be used against you.
- Contact a criminal defense attorney and do not provide any statements about the incident without them present.
- Follow the court process. Attend all scheduled hearings and proceedings.
- Work with your lawyer to present the best defense possible under the circumstances.
Dealing with assault charges is stressful. But an experienced attorney can help advise and defend you through the process.