An assault is usually regarded as a threat or any attempt to physically touch or offensively strike an individual regardless of whether the actual contact is made. However, assault only occurs if the victim is well aware of the threatening and is quite apprehensive about it happening imminently.
Several law experts say that being afraid that someone might at some point touch you offensively might not be sufficient evidence to prove criminal assault in the future. All elements for civil assault are as same as those of criminal assault. It is the responsibility of the victim to prove damage resulting from assault to be awarded compensation for the injuries suffered.
Types of Assault
Now that you understand what assault means in law, let us evaluate the different kinds of assault.
- Felonious Assault: This is an unlawful attack or attempted attack that is usually accomplished through violence or force and may cause severe injury to the targeted person. Felonious assault involves the use of weapons that can cause severe bodily harm to an individual. However, if a weapon is used to commit assault, it is regarded as felonious assault even if no injury occurs. On the other hand, when serious injuries occur due to an assault using hands, feet, or fists, it is also deemed to be a felonious assault even though no weapons are involved.
- Simple Assault: This type of assault occurs whether or not a weapon is used and whether or not the targeted victim suffers any physical injuries. This is the simplest form of assault.
- Sexual Assault: An individual commits sexual assault when there is an attempt to commit a sexual act without consent and against the will of the victim. The various forms of sexual assault include rape, sodomy, molestation, or any other sex crime. Aggravated sexual assault occurs when the suspect uses a weapon to threaten the victim and serious injuries may be sustained by the victim in the process.
- Verbal Assault: This is a type of non-physical, oral assault that usually results in mental, emotional or psychological injury to the victim other than physical injury.
- Aggravated Assault: Just like the felonious assault, aggravated assault occurs when there is the use of a weapon and a suspect who commits such assault may face several criminal charges in court. The use of increased force may lead to severe physical bodily injuries.
Consequences of Assault
It is good to mention the fact that the penalties for assault will vary widely depending on the type of assault committed. For simple and verbal assaults, the punishment can range from fines to probation. If you commit a felonious assault with a licensed gun, you may lose the right to own a licensed firearm.
Civil assault can lead to significant monetary payouts equivalent to the degree of harm suffered by the victim which could include therapy sessions, medical bills, or any other losses. The variables and factors that usually impact the consequences of an assault crime include the conviction record of the offender, status of current probation, and whether the crime was committed.
Have you or your loved one been assaulted or accused of committing assault? Consider hiring an experienced criminal defense lawyer who will help you deal with the case professionally. The Law Office of Jaimee McDowell is here to help you with your case. Your case will be handled with an experienced lawyer who understands what it takes to represent you in court. Contact us today for your case review and legal assistance.