Assault is a crime of violence. Assault is also only the threat of violence. When violence is carried out it is known as battery. Assault is usually not treated as a felony unless serious harm is done. The purpose of this article is to explain about what assault actually is and define the different types of assault. We will also answer some of the most frequently asked questions regarding assault.
What is considered assault?
In most states in America there have to be four factors present to be considered assault. There has to be an apparent and present ability to carry the act out. It has to be an unlawful attempt. There has to be intent of committing an injury, there has to be reasonable fear of bodily injury.
How is assault defined legally?
There must be intent to purposely, knowingly, or recklessly cause bodily harm to another. There can also be negligence with a deadly weapon.
How is someone defended against assault charges?
One is consent. If the people were involved in a contentious activity when the bodily harm was caused it is sometimes not assault. Police often times have to use force when they make an arrest. This is part of their job and their official duty. They have a degree of latitude when it comes to assault in that they may have to use quite amount of bodily force to detain someone. The police however, can take things too far and can be charged with assault if the injuries inflicted are too severe. Punishment is also a defense for assault. Parents have a degree of latitude if they use physical contact to discipline their children. However, if they take things too far then they can be charged with child abuse. If you are defending yourself and inflict an injury on another then you CANNOT be charged with assault. Also if you are preventing someone else from being harmed then this is also another valid defense for assault. Another and final defense is if you are defending your own property. It is worth noting that in all of the cases you may have to go to court to prove our defense.
Assault is a serious crime. It is usually classed as a misdemeanor but more serious crimes can be classed as a felony. Several things on the surface can be considered assault but without specific intent to do harm then technically assault does not exists. Assault however, is not the actual harm. Only the threat has to be there. The actually causing of harm is known as battery. Hopefully this article has helped to solve the complex issue of assault.