Simple Assault Defense Attorneys
In legal terms, assault is the threat or attempt to physically touch or strike a person in an offensive manner, regardless of whether contact is actually made. Assault only happens if the victim is aware of the threatened touching and is frightened about it occurring imminently.
Most jurisdictions recognize six common types of assault charges, one of which is simple assault. This type of assault typically involves either the threat of immediate harm or a physical act that results in minimal injuries. Examples of a simple assault misdemeanor include throwing rocks at your neighbor while they’re out doing yardwork, or if you slap someone in the face without their consent.
In most states, simple assault is a misdemeanor and results in a single charge that is punishable by a fine and less than a year in county jail. While a misdemeanor conviction will attach to your record, most are removable by an expungement process.
However, if a simple assault is coupled with other crimes, such as attempting to rob someone at gunpoint, then the perpetrator can be charged with felony assault. These charges can result in fines, incarceration, and/or loss of the right to own a gun.
What they need to prove
If you have been charged with simple assault, hire an attorney who can explain all of your options and possible defenses because otherwise you might be facing jail time.
These are the elements required to prove that an assault took place:
- Intent – the perpetrator intended to scare the victim in some way.
- Reasonable apprehension – the victim feared that battery was actually going to occur.
- Imminent danger – the victim feared imminent harm as a result of the threatening act.
The types of evidence in criminal cases include:
- Real or tangible evidence: such as guns, knives, DNA, blood samples, fingerprints, and other material artifacts.
- Testimonial statements: verbal and nonverbal accounts of the crime that must be verifiable.
- Demonstrative evidence: visual evidence such as diagrams or photos of the crime, photos of a weapon.
- Documentary evidence.
What you need to prove
A possible defense for simple assault could involve one of the following:
- Consent
- Self-defense, defense of others, and defense of property
- Fabrication by the victim
- Mistaken identity
- Accident
If you have been arrested and charged with simple assault, it’s in your best interest to contact an experienced criminal defense attorney. If the alleged crime took place in Orange County, contact the Law Offices of David A. Stein criminal defense attorney, to schedule a free confidential consultation about your case.
