The number of violent incidents increased from 5.2 million in 2017 to 6 million in 2018. Many of these cases differ based on the types of assault involved.
Gaining a better understanding of the law can help you understand the penalties attached to each one. Then, you can hire an experienced, qualified lawyer to handle your case.
Failing to exercise your constitutional right to counsel, however, could cause you to incriminate yourself. This, in turn, could complicate your case.
Assault and battery charges are a serious matter. Prepare yourself—and your defense—by learning more about the various types of assault.
What is Assault & Battery?
Assault and battery cases are often treated differently depending on the state you live in. Some states include both assault and battery under the same “Assault” umbrella. In these cases, Assault is defined as intentionally and knowingly:
- Causing bodily injury to someone
- Threatening another with imminent bodily injury
- Causing physical contact with another when the person knows or reasonably believes another will regard the contact as provocative or offensive
The charges are enhanced to different types of assault if a weapon is involved. The levels of assault also increase if there is serious bodily harm done during the assault. In these cases, the assault charge becomes aggravated assault.
Types of Assault Charges
The lowest level for an assault charge is a Class C misdemeanor. This type of assault only results in a fine. However, higher levels of assault can lead to life in prison due to a First Degree Felony.
The charges depend on the:
- Specifics of the assault
- People involved
- Attacker’s criminal record
Other factors can impact the assault charge level as well.
The first type of assault charge to consider is a felonious assault. These types of assault cases involve an unlawful or attempted attack. The attacks are often accomplished by force or violence and result in physical injury.
Felonious assault involves using a weapon or serious injury. If a weapon is used, the attack is considered felonious, even if there isn’t an injury. However, a weapon isn’t always involved in a felonious assault.
An attack is considered a felonious assault if serious occurs after using your hands, fists, or feet.
With this in mind, felony assault occurs as a result of serious injury or the use of weapons. Assault and battery is an example of felonious assault. In these instances, actual contact was made, causing the victim to require medical attention.
A Class A Misdemeanor assault can get upgraded to a felony depending on:
- The assailant’s relationship with the victim
- The extent of the injuries
- Whether or not a weapon was used
If you intend to press charges, make sure to speak to your lawyer after an assault. They can help you determine what type of case you can make.
Battery Versus Assault
While these two legal terms are quite similar, they’re often confused. In some states, including California, they’re separate crimes.
Assault is the intent and attempt to cause bodily harm.
Battery, on the other hand, is the actual act of causing harm.
In some cases, assault can lead to battery. However, these are two different charges under California law. They both have their own set of penalties ranging from fines to jail time.
Other Assault Charges
There are other types of assault to consider as well.
For example, a simple assault occurs when a victim develops minor injuries. In these cases, a weapon isn’t used.
Physical assault causes grievous bodily harm. These attacks often occur prior to murder or aggravated assault.
Aggravated assault involves the use of a weapon and/or using an amount of increased force.
Sexual assault involves the use of force against the victim’s will. In these cases, the result is molestation, sodomy, rape, or a similar sexual offense.
The last type of assault is non-physical. Verbal assault involves an oral attack that causes emotional, verbal, and/or psychological injury to the victim. In these cases, the victim doesn’t sustain physical bodily injury.
The consequences of these different types of assault include:
- Loss of the right to own weapons
- Anger management programs
- Time in prison
However, there are other possible penalties, punishments, and sanctions. It depends on the jurisdiction you’re in.
Different variables and factors can impact the consequences, too. As mentioned earlier, a weapon or the amount of injury the victim sustains can impact the offense.
Even prior convictions, the status of current probation, and status of the current parole can impact the case.
Suing for Assault
Assault is considered a type of personal injury. If someone attacks you, you can sue the alleged attacker.
To make the most of your case, make sure to contact a professional assault injury lawyer. Check their background to ensure they’re experienced and that they specialize in these types of cases.
Their previous experience can strengthen your case. They’ll also have knowledge of recent laws and cases that could benefit your lawsuit.
In order to sue for assault, you will need to prove the defendant committed an intentional act to cause harm. However, no actual contact is necessary for you to pursue a lawsuit. Instead, you only need to experience the fear of imminent harm as a response to a situation.
According to the California legal standard for assault injury, the apprehension you’re about to experience bodily harm is enough to make your case.
After your assault, you can file a civil lawsuit for punitive and compensatory damages. However, you must file the assault injury claim within two years from the date of the intentional act. Otherwise, the time has elapsed for you to pursue the case.
Make sure to contact a professional assault injury right away. They can help you recover losses including lost wages, medical bills, psychological counseling, and more.
Different Types of Assault: Get the Case Defense You Need
Now that you understand the different types of assault, it’s time to get the defense you need. Otherwise, you could miss your chance to recover damages.
Trying to learn more about your legal situation? Explore our Legal Guides today for more helpful resources.
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