Other types of assault, such as aggravated assault or assault with a deadly weapon, may result in felony charges. Misdemeanor crimes can carry a sentence of up to one year in a county jail and some amount of criminal fines (usually no more than $1,000). For instance, a defendant who is charged and convicted of committing a simple assault, will be found guilty of a misdemeanor offense. The penalties for assault will vary based on state laws, the facts of an individual case, and the degree or type of assault that was committed. On the other hand, getting in a friend’s face and pretending to slap them while both parties are laughing about it, will not constitute an assault. For example, getting in someone’s fact can be considered assault if the assaulter is being aggressive and doing things like screaming, spitting, or threatening to hit the other person with an object that they are holding (e.g., bat, beer bottle, fist, etc.). However, there are some acts that may offer stronger proof that an assault occurred. In fact, the legal definition and elements of proof for assault do not ever mention any kind of physical contact-only the reasonable belief that harmful or offensive contact will be inflicted on the victim. Is It Necessary to Strike Someone In Order to Be Found Guilty of Assault?Ī person does not necessarily need to strike someone in order to be found guilty of assault. Some types of strong evidence needed for assault charges include police reports, testimony from eyewitnesses, medical records (if applicable), and various other items that may be relevant to the assault incident. Thus, it is important to have substantial evidence to support the assault charges. Intent is one of the elements that judges and juries often spend a lot of time deliberating on when deciding the final verdict. In some instances, it may be difficult to prove whether or not a defendant actually intended to commit an assault.
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