Law & Legal & Attorney Accidents & personal injury Law

Assault Law Concerns

The crime of violence against another person is called assault.
While some jurisdictions consider assault to be actual violence some other jurisdictions refer to the threat of violence as assault while the actual act of violence is called battery.
There is a difference between simple assaults and aggravated assaults.
While simple assaults do not involve aggravation like use of deadly weapons etc.
aggravated assaults do so.
It may be noted that assault often includes not only violence but also any physical contact with some other person without their consent.
Usually assault is treated as a misdemeanor.
However, aggravated assault may be treated as a felony.
Assault involving a law enforcement officer is considered to be a felony.
Under most of the jurisdictions in certain circumstances an assault occasioning grievous bodily harm or something equivalent may even amount to the crime of murder.
Under the American common law assault has been defined as an attempt to commit a battery.
It is treated as a misdemeanor and felony respectively under similar conditions as aforementioned.
As per modern American statutes assault is defined as- oEither an attempt for causing or purposely, knowingly or recklessly causing bodily injury to another, or, oCausing bodily injury to another with a deadly weapon, owing to negligence.
In some states assault is also defined as an attempt to menace or actual menacing by placing another person in fear of imminent serious bodily injury.
There is difference in viewpoint of states regarding whether it is actually possible to commit an attempted assault since this can be considered as a double inchoate offense.
Again, in some states, consent is a complete defense to assault but in other states' jurisdictions mutual consent is an incomplete defense.
The misdemeanor in such case being treated as a petty misdemeanor.
Moreover, the crime of assault usually requires that both the perpetrator of the assault and the victim of it are both human.
The range and precise application of defenses to assaults vary between jurisdictions.
Consent, arrest and other official acts, punishment, self defense, prevention of crime and defense of property are the defenses that can apply to all levels of assault.
It is the law offices that are concerned with handling these.
Misdemeanor and felony, family violence assaults are commonly handled.
It may be noted that an affirmative finding of family violence may mean a difference between a felony and misdemeanor.
This can also establish whether or not you can legally possess a firearm for some purpose.
In case you are charged with any type of assault, say, family violence assault, then, the need for an aggressive and creative family violence lawyer to defend you is called for.
A complete and full investigation of the allegation of assault is what is needed.
This can only be taken care of justifiably by seeking the services of some competent lawyer.
Such person can guide you all through with your legal matters.


Leave a reply