The most common assault offense is, not surprisingly, a simple assault. An assault occurs under two possible circumstances:

• Knowingly causing or attempting to cause physical harm to another.
• Recklessly causing serious physical harm to another.

The most common circumstance involves the first circumstance, and guilt may come down to intent. For example, to draw from a case we previously handled, if you were to see someone’s fingers in a doorway and intentionally slam the door on their fingers, that would constitute an assault because you knowingly caused harm. However, if you closed the door without knowing the fingers were there, you would not be guilty of the offense because you did not knowingly cause harm to the individual. In this example, the state dismissed the case because they eventually agreed that they could not prove our client’s intent.

The second circumstance involves reckless behavior—defined as a perverse indifference to a known risk. An example of an assault under these circumstances would be launching a water balloon aimlessly in the air, and having it strike a pedestrian and break their nose. Though the actor did not know of the outcome, there was a known risk that the balloon could strike someone. And if the injury involves serious physical harm, the elements of an assault are met.

Common Defenses:

These offenses are may difficult for the state to prove due to a lack of evidence, an obvious bias from the alleged victim, or a solid self-defense claim. Assault offenses often involve a quick and chaotic scene, where civilian witness have difficulty describing what occurred and who initiated the confrontation. Rather than relying on trained officers to give testimony, the state must instead rely on regular people, who may bring a heavy bias or have their judgment impaired from alcohol or drug use. These inherent problems with assault cases can lead to dismissals, acquittals, and favorable plea bargains.

Possible Punishment:

Most assault offenses are charged as first degree misdemeanors, and are subject to the possibility of 180 days in jail, a $1,000 fine, and up to five years of community control (commonly thought of as probation. Depending on where the offense occurs, an assault could be charged as a felony. For example, offenses against teachers at a school or against an officer on duty would result in felony offenses as opposed to misdemeanors. To know what penalties your allegations carry, call us.