You got into a verbal fight and pushed someone. As a result of what the other individual informed a police officer, you are now accused of assault. Is this actually true?
Depending on the legal system. Many states define assault as a behavior that stops short of making direct physical contact with another person. Simply by doing something that makes someone reasonably fear being attacked or physically harmed, you have committed the crime. Pushing someone would be considered a battery in these states as opposed to an attack.
Other states, however, define assault as touching someone with the purpose to cause harm or provoke them. According to these states, shoving someone is assault. Keep reading to learn more about assault and then contact a criminal defense attorney at Law Office of Michael L. Fell at (949) 585-9055 if you are facing this charge.
Can you physically abuse someone without touching them?
Some states' assault laws specify that you can be charged with assault even if you don't physically contact the victim. According to these states, criminal assault occurs when you make an effort or make a threat to harm a "victim” and you have the power to cause harm to the claimed victim, and based on your actions, anybody would be justified in fearing an assault or other kind of bodily injury.
For example, you could be charged with assault for tossing a rock at someone, lunging at someone without actually punching them, and yelling angrily at someone. The distinction between assault and battery in these states is important to note. While physical contact is not a requirement for assault, you commit battery if you apply force or touch someone without an acceptable reason or explanation.
Do some states combine battery and assault?
Yes, a lot of states now consider both assault and battery to be criminal offenses. These states define assault as any offensive touching. For instance, violating Arizona's criminal statutes qualifies as assault if you willfully, knowingly, or recklessly inflict any personal injury to another person, put another person in a situation where they have a good reason to fear for their safety, or purposefully touch someone with the aim to hurt, offend, or provoke them.
In these areas, pushing someone would be considered an assault.
What distinguishes a simple assault from an aggravated attack?
Many legal systems distinguish between both basic and serious assaults. The explanation above is typically followed by "simple assault." It may consist of either the act of making inappropriate contact with or an effort to injure another person.
As opposed to this, "aggravated assault" refers to attack that either with the aim to commit another crime or in an outrageous or cruel situation. Examples of aggravated assault include assault with a lethal weapon, assault with the purpose to seriously harm another person or significantly alter their appearance, and assault against a law enforcement official.
Simple assault is often classified as a misdemeanor and is sanctioned by a fine or time served in a county prison. But take note that felonies may be charged with aggravated assault. If convicted of a crime, you risk imprisonment in a state jail and/or hefty penalties
Must you get in touch with a criminal defense lawyer?
Yes. If you are accused of assault, you should get legal counsel from a criminal defense attorney or law firm. A defense lawyer can help by assisting you in obtaining release from detention after an arrest, collaborating with the prosecution to secure a fair plea bargain, standing in for you in court proceedings, ensuring you maintain a clear criminal record, and locating a legal defense to refute your criminal accusations.
Regarding the latter, be aware that a defense attorney may demonstrate one or more of the following in an assault case: the "victim's" fear was unjustified, you defended yourself or others, and/or you were wrongly accused.
In our experience as criminal defense lawyers, defendants who are represented by knowledgeable criminal attorneys are more likely to establish a strong legal case. Contact Law Office of Michael L. Fell at (949) 585-9055 now to request a free legal consultation.