Criminal assault is a form of crime defined by the Federal government and state legislatures. There are 3 primary forms of criminal assault that constitute a criminal offense, though the definition can vary from state to state. They are: assault, assault and battery, and aggravated assault.
Criminal assault is usually defined deliberate act that threatens or commits physical harm to an individual. This means that an an assault does not necessarily have to be an act of physical violence, but merely a threat. This could take on many forms such as swinging a baseball bat intentionally at someone without connecting physically or waving a fist and attempting to punch another person. Keep in mind that just simply verbalizing an intent to commit physical and bodily harm is not classified as a type of criminal assault, though the victim can seek a variety of ways to protect themselves.
This type of act of violence can be very real to the victim. By elaborating this definition to include the threat of physical assault, it can often enable arresting police officers to prevent physical and bodily harm from happening. Criminal assault can be defined as a felony or a misdemeanor in a court of law.
Assault & Battery
Assault and battery were once restricted to their own categories. Assault can still be carried out without battery, but battery is committed by a criminal when physical harm is reached. This could be due to careless behavior or a determined act by the perpetrator. Many state legislatures do not separate between the two acts of violence.
Aggravated assault takes place when a more serious crime has been carried out, making the act of violence a felony. It may often include the presence of a weapon, such as a knife or a gun. Aggravated assault also takes place when the purpose to commit a serious crime has happened, such as a rape assault. This type of crime is also known as an aggravated assault when it takes place between people in a relationship, where a serious threat is very present. Depending on the condition and severity of the assault, the cases are defined by 1st, 2nd, or 3rd degree assaults.
If you have been charged with a criminal assault, there are a few options you can consider. For instance, if you were defending yourself because your well-being or physical property were in harm’s way, you may be able to have the charges dismissed or reduced. Contact our experienced criminal defense attorney in Huntington Beach, Randall C. Bertz, to learn more.