Assault is a crime that involves the intentional act of placing another person in reasonable apprehension of imminent harmful or offensive contact. This contact doesn’t necessarily need to be physical, but merely the threat of contact is enough for an assault to occur.
The intent of the perpetrator is a critical factor in determining guilt or innocence. The victim must also perceive this contact as unreasonable given the circumstances at hand. This is why proving lack of intent plays such an important role in a defense strategy for these types of cases. For example, if a defendant is acting in self-defense or with the intent to avoid injury, a lack of intent will be an effective defense.
Assault crimes can range from misdemeanor offenses to serious felonies with jail time and substantial fines in the event of conviction. A criminal record for assault could impact future employment opportunities and housing restrictions as well. For this reason, it’s essential to understand all potential consequences of a conviction and seek experienced legal representation as soon as possible.
Some individuals are eligible for pretrial diversion programs, which allow them to complete specific requirements in exchange for the charges against them being dismissed. In addition, sometimes charges can be reduced or altered through negotiated plea agreements with the prosecutor. Each case and associated fact pattern is different. Therefore, it’s best to consult with a qualified attorney to determine the appropriate strategy for your individual situation.