What Is Assault? Examples, Penalties And Defense

At its core, the definition of “assault” requires an intentional action. However, numerous types of assault may be defined and classified very differently according to the state where the alleged action took place.

Legal Definition

Assault is an intentional tort that causes another person to have a reasonable apprehension of imminent harmful or offensive contact. Assault charges must allege that the defendant:

• took an action;
• intended for the victim to believe harm is imminent and
• caused the victim to believe they were about to be injured.

Meaning

An individual may bring an assault charge if they have been given cause to reasonably fear they were going to be imminently harmed. A physical injury is not necessary to bring a charge of assault. But to prove an assault took place, a plaintiff must show that the defendant intended to cause harmful or offensive contact.

Assault charges vary according to the severity of the injuries and actions alleged and by state. There are also a variety of types of assault, which may have differing elements depending on the state and jurisdiction. General definitions of assault charges and examples include the following.

Simple Assault

A charge of simple assault involves causing intentional injury or threatening injury to another individual. Acts of simple assault include hitting another person or threatening them without using a weapon.

Aggravated Assault

An aggravated assault charge involves more serious levels of alleged physical harm or the use of a deadly weapon. Examples include shooting or stabbing an individual.

Domestic Assault

A domestic assault charge is filed by one member of a domestic relationship alleging assault by another member. Domestic relationships include spouses, partners, family members and household members.

Sexual Assault

A sexual assault charge alleges sexual contact or activity without the victim’s consent. Examples include rape and unwanted sexual activity.

An individual may bring an assault charge if they have been given cause to reasonably fear they will be imminently harmed. The term is often paired with battery, which is defined as the act of physically harming someone. Depending on the state, assault, battery or assault and battery may be common law, tort or criminal charges.

State definitions of assault and penalties for it vary widely, which emphasizes the need to retain an attorney in the state where the allegations occurred. For example, many states, including Colorado, categorize assault crimes as first-degree assault, second-degree assault and third-degree assault. Colorado and other states also have a crime called “menacing,” which is similar to simple assault elsewhere.

New York criminal law similarly breaks down assault categories as first, second and third-degree assault and adds similarly tiered categories for related offenses, including menacing, vehicular assault and gang-related assault. New York also has separate charges for specific crimes, such as reckless assault of a child and aggravated assault on a person less than 11 years old. ​​

Some states, like Missouri, add another category of fourth-degree assault to their list. Illinois statutes have a charge of aggravated assault that applies when the victim is elderly, disabled or a member of a protected class such as a state employee, community police volunteer, utility worker, teacher, correctional facility employee, etc.

An assault conviction can have severe consequences, from having trouble finding a job to prison time. Many defenses can be raised against an assault charge, which can be used to dismiss or reduce the charges. The following are the most common defenses against an assault charge.

Defense of Another Person

Here, the defendant must show that they acted to defend another person in imminent danger of harm and that their actions were necessary to protect the other person.

Defense of Property

This defense allows a property owner to use reasonable force to protect their property from damage or theft. However, the defendant must show that—in preventing an intruder from breaking into your home, for example—using force was proportionate or appropriate for the situation.

Consent Given

Often used to defend against charges of sexual assault, a consent defense argues that the victim gave informal consent to physical contact. However, the victim’s age and mental state, among other factors, may invalidate this defense.

Intent

Arguments focusing on the defendant’s state of mind at the time of the alleged assault could affect the case. The defendant could argue that they did not intend to harm the victim or did not understand the nature or impact of their actions.

Penalties for assault entirely depend on the state, the severity of the victim’s injuries and the circumstances of the assault. Fines may range from mid-six-figure amounts for the most serious felonies to no fine for misdemeanor assault. Likewise, an individual could be sentenced to decades in prison for a serious felony or six months in prison for a misdemeanor assault. A judge may also order probation, community service or anger management classes for the defendant.

In addition, a conviction of assault can also affect an individual’s life in many other significant ways. Depending on the offense and any prior criminal record, an assault conviction can lead to problems finding a job, renting or buying a home and retaining custody of children. An assault conviction can also bar an individual from owning a gun, voting and serving on a jury.