Understanding Assault
Assault is defined as a crime of violence against another person, and in the United States, can also be understood as “the threat of violence caused by an immediate show of force”. Assault is often misunderstood or confused with battery, which is a charge that specifically describes unwanted physical harm or contact.
Defining Assault
Assault can generally be understood as an attempt to commit a battery, which is defined as an act of physical violence against another person. Typically, the charge of assault is treated as a misdemeanor and not a felony. To prove assault, common law requires four elements to be present:
- The apparent and present ability to carry out the assault
- An unlawful attempt to assault another person
- A violent injury
- The person who committed the assault did so upon another person
An individual can be charged with simple assault even if he or she did not intend to physically injure another person. Assault can also be used to describe unwanted physical contact that a victim finds inappropriate or considers to be a breach of his or her personal space.
Aggravated Assault
While simple assault is usually classified as a misdemeanor, there are assault charges that are far more serious in nature and classified as felonies, such as aggravated assault.
Aggravated assault, in most jurisdictions, is judged as displaying one or more of the following attributes:
- An attempt to seriously injure another individual
- Causing injury purposely, knowingly, or recklessly in an instance that shows indifference to human life
- Assault that involves the use of a deadly weapon
Charges for aggravated assault are far more serious than those for simple assault cases. The average sentence for an individual charged with aggravated assault in the US ranges between 30 and 90 years of jail time.
Contact a Minneapolis Assault and Battery Lawyer
If you or someone you know has been the victim of assault and / or battery, contact the Minneapolis assault and battery attorneys of Terry & Slane, P.L.L.C. today at 612-362-0000 to secure the representation you need.
