People who intentionally injure others may face simple assault, aggravated assault or assault and battery charges. There are also different charges possible when people assault their own household members, health care professionals or educators. The penalties that a defendant faces can vary depending on their prior record and the presence of certain aggravating factors.
The presence of a weapon, the identity of the victim and the type of violence used, such as strangulation, can also impact the charges brought and the penalties the courts could impose.
Assault convictions tend to limit people’s opportunities, as educational institutions, landlords and employers may learn about the prior offense when conducting background checks.
Fighting back against assault charges instead of pleading guilty is typically the best strategy for those hoping to minimize the consequences imposed after an arrest. The best defense strategies highlight the details of the situation and reference the law or even prior judicial precedents. Can a defendant avoid an assault conviction by establishing in court that the other party did not sustain any significant injuries?
Injury isn’t necessary for an assault charge
While it may seem counterintuitive, physically injuring a person is not necessary for simple assault charges. Prosecutors can bring charges against people who put others in a state of fear for their physical safety without proving that they caused injuries or even made physical contact with the others involved in the incident.
If another reasonable person might view an individual’s behavior and language as a credible threat, then the state could theoretically justify pursuing assault charges. Typically, assault charges based on credible threats require aggressive and threatening physical behavior, not just fighting words or threatening language.
The state could also theoretically prosecute people for assault because of offensive bodily contact. Grabbing or groping a person without their consent is an offense to their dignity and could lead to assault allegations even though such conduct does not produce physical injuries.
Learning about state statutes and effective defense strategies can help people respond appropriately to assault and battery charges. Defendants accused of assaults related to threatening conduct or offensive physical touch may need to develop different strategies than those facing accusations based on causing serious injuries.