A charge of simple assault is not limited to determining if the individual had the intent to assault someone. Proving consent is complicated if the act occurred in private and without any video or audio evidence from a cellphone or security camera. Even if the charges may be false or overexaggerated, defendants in sexual assault cases face the possibility of losing their freedom and having their careers and reputations ruined. Assault on a family member (first offense) is a Class A misdemeanor, punishable by up to 1 year in jail and a $4,000 fine. Even if a confrontation you had did not initially seem violent, it could be deemed an assault in certain circumstances. Types of Assault Charges. If the plaintiff is young, some defendants may want to argue that they thought the individual was older. While you may be familiar with hearing about the different charges or have been charged with one yourself, do you know what exactly they are? Cases involving serious injury, opposed to simple injury, result in a fourth-degree assault by automobile charge. Typically, an assault begins as a Class A misdemeanor in cases … All violent crime offenses are serious charges that can carry heavy penalties. Simple assault does not need any court filing or any jury board. Assault charges can range from a Class C misdemeanor, which only results in a fine, all the way to the possibility of life in prison from a 1st Degree Felony. On the other hand, civil assault can lead to monetary payouts equivalent to the level of harm suffered by the victim, and could include medical bills, therapy, and other losses. The recklessness involved a drastic deviation from reasonable behavior under those circumstances. Assault Types of assault charges and penalties “Common assault”: The basic assault charge Summary Offences Act 1981, s 9; Crimes Act 1961, s 196 If you’re charged with a basic assault charge – “common assault” – this can either be under: the… From misdemeanors to felonies, the range of crimes that fall into the assault category is vast. All types of assault, from Class C misdemeanors to first-degree felonies, involve the same 3 actions in some form or another. We invite you to contact our Denver criminal defense attorneys for a consultation regarding your individual circumstances. In an assault by automobile case that results in serious bodily injury from a driving while impaired (DWI) accident, the charge is a third-degree criminal offense. The victim can file your complaint within two days only, and the prosecution happens within two days. What is assault? Here in Atlanta, an assault allegation involves an attempt to commit a violent injury. The individual engaged in conduct that was reckless. Examples of recklessness include speeding, drunk driving, or the refusal of the driver to submit to a breathalyzer test. Many states also have laws against conduct that is sexual in nature but does not involve penetration if the act occurs without the plaintiff’s consent. Misdemeanor assault charges Threats of bodily harm and offensive or provocative physical contact constitute Class C misdemeanor charges in Texas. This is distinguished from a disorderly persons charge by the extent of the bodily injury. In the United States, an assault can be charged as either a misdemeanor or a felony. If a weapon is used, an attack is deemed a felonious assault even if no injury … Here’s what you need to know about assault charges: Petty assault. For example, the legal trend is toward viewing sexual assault more broadly as unwanted bodily invasion rather than just a traditional definition of rape. If a child dies because of sexual abuse, the case may also be tried in federal court. If the assault in the above situation results in bodily injury to the public official, the charge is a third-degree offense. Assault: The Basic Definition. As a Denver criminal defense lawyer, I know that assault charges come in many different packages. Sexual assault involving penetration is a felony with a maximum 10-year prison sentence. These cases may involve human trafficking of children, exploitation of children in creating or distributing child pornography, or sexual crimes that cross state lines. In most assault crimes, the legal system automatically assumes that the plaintiff did not consent. Sexual assault and criminal sexual contact are different than other crimes in multiple ways, such as the following: The issue of consent in particular makes sexual assault unique. It expressly includes cases of female genital mutilation. Lack of consent can be established by the use of physical force, coercion, and if the plaintiff was a minor, under the influence, or was incapacitated. A skilled criminal defense lawyer can help a client who is accused of assault by automobile. Considering previous decisions of the court, including the disposition of the judge that will be hearing the case. In this case of a DWI accident resulting in serious injury to another person, the defendant faces five to 10 years in jail. That person attempted to put another person in fear of serious bodily injury through physical menace. When this occurs, assault charges often follow. Any assault lawyer in Winnipeg can attest to the fact that violence in any form is a serious offense in Canada. If a person has been arrested and charged with aggravated assault in New Jersey or New York, they need a skilled lawyer to protect their rights. In general, only the more serious sexual assault cases warrant federal charges. This crime carries a fine of up to $500. Understanding the differences between the four types of assaults is crucial to building a solid defense. However, the grading of the charge can vary based on the following situations: Typically, a simple assault charge will involve a disorderly persons offense. Assault and battery charges require both a threat of violence and physical attack. Under English law, there are three main types of Assault: Common Assault, Actual Bodily Harm (ABH) and Wounding / Grievous Bodily Harm (GBH). Determining recklessness through lack of reasonable behavior can be subjective and is often case-specific. A lawyer must take many things into consideration to build a successful sexual assault defense. Types of Assault On A Family Member Charges. Misdemeanor Assault Charges. According to New Jersey law, criminal liability is imposed for attempted conduct. Criminal sexual contact is a fourth-degree offense and punishable up to 18 months in prison. DNA, hair, fingerprints, or other similar evidence may suggest that someone else committed the crime. Privacy Policy | Sitemap. When an assault charge falls in the felony category, things get even more complicated. Sexual assault, aggravated assault, and assault with a weapon are common types of assault charges. This charge may be filed under the following circumstances: A conviction of aggravated criminal sexual contact can result in three to five years in state prison. The five main types of assault charges include: Assault and Battery; Rape and Sexual Assault; Domestic Violence; Negligent Homicide; Murder / Homicide; Regardless of which assault charge you are facing, it is critical to have a defense lawyer that you trust with your future and freedom. An assault might happen among children and parents, spouses, former spouses, or people who live together as a couple. Aggravated assault is the most serious type of assault charge. Since sexual acts often occur in private without witnesses, there may be scant evidence to prove or disprove consent. Every state in the country maintains a sex offender registry and notification program. This includes the following: After weighing all these factors and more, a lawyer will then chart the best course of action, which may include a move to have the case dismissed, settlement out of court, and seeking full exoneration in the courtroom. Assault Charges. The penalties will vary according to the ages of the plaintiff and the actor. Mercer County, Union County, Hunterdon County, Somerset County, Essex County, Hudson County, Burlington County and Atlantic County. Other states specify varying levels of criminality according to which body parts were involved. Individuals charged with sexual assault or criminal sexual contact must do everything in their power to mount a vigorous and deliberate defense. Simple Assault. Different Types of Assault; Criminal assault is divided into various categories under the Criminal Code of Canada. Keep reading to find out what the different types are and how they are penalized. According to New Jersey law, a person is guilty of assault if they do the following: The law defines bodily injury as any illness, physical pain, or impairment of the physical condition. Assault vs. Even if the actor and the plaintiff engaged in prior consensual acts, it can be difficult to prove without a doubt that this particular act was also consensual. Individuals convicted of sexual assault must typically undergo psychological treatment while serving time in prison or when they are on probation. A summary conviction for sexual assault can result in up to 18 months in prison, or if the victim is under the age of 16, the punishment ranges frmo a minimum of six months in prison up to two years less a day in prison. Police and other officials will begin building a case against you right away. Sexual assault can take many forms, but the most widely known include rape, groping, or sexual abuse. This type refers to assaults where no weapon is used and no harm bodily harm is caused to the victim. Different types of assault – such as GBH, ABH, common assault or battery – each relate to a different severity, ... Generally speaking, sentences for GBH are the most severe of all assault charges. If the assault by automobile results in serious bodily injury to another person, the crime is considered a fourth-degree offense. Anticipating all possible arguments used by the prosecution. In any case involving assault by automobile, hiring a criminal defense lawyer will be a person’s best chance for defense. A person who acts with extreme indifference to the value of human life and purposefully or recklessly causes or attempts to cause significant bodily harm to another person; this is considered a third-degree offense. Tried in district court with a DA prosecutor, first-degree assault carries a mandatory 10 to 32 years in prison. Visiting this website or contacting our law firm does not make Wolf Law LLC your legal counsel. Assault charges in Texas often result in substantial fines and sometimes time in jail. This more serious Class 4 felony involves either serious bodily injury or the use of a deadly weapon. The changing landscape of sexual assault law is another reason why it is important to seek professional legal counsel. However, most sexual assault cases are tried in state courts. As the name suggests, this act involves the use of a weapon and serious injuries or lifelong physical disabilities can occur. The actor is a parent, family guardian, or stand-in loco parentis in the household. The act is committed during robbery, homicide, or a similar type of crime. Talk with an Assault Defense Attorney in Lewisville Sentences vary according to the type of force used, the degree of bodily injury, the age of the plaintiff, and the use of a gun or other deadly weapon. A person convicted of aggravated sexual assault can receive a sentence of up to 20 years in prison. The plaintiff is less than 13 years old or is incapacitated. Some states specify a minimum prison sentence or require the court to impose a prison sentence without probation. Carefully reviewing and analyzing all circumstances of the case. Consent determines whether a crime was committed. The degree of force or coercion alleged will influence the severity of criminal charges. However, penetration alone is not a crime unless it occurs by force without consent or when the plaintiff lacked the capacity to consent. If the actual or attempted physical contact as defined by bodily injury occurred to a greater extent, it is considered a serious bodily injury. Felonies typically involve penetration, use of force, and bodily injury. In assault cases, this can lead to absurd situations where you can allegedly assault the victim and then live with them for years before being charged. It is tried in county court with a district attorney prosecutor and is punishable by up to two years in county jail. It occurs when no weapon is used and injuries sustained by the complainant are … Domestic assault charges may occur when a family member or household member injures or provokes fear of harm. The U.S. Supreme Court has ruled that both state and federal courts can try and judge the same crime for different violations. Criminal Protection or Civil Restraining? The behavior must violate the standard for reasonable behavior in a given situation. Second, an indictable offence is a more severe kind of a simple assault that requires more formal … Being the most basic kind of assault charge in Canada, simple assault can be persecuted in two ways. Crime Rates in Arapahoe, Douglas & Jefferson County, Common Questions About Domestic Violence Laws. Attorney Advertising Materials. While living with the victim can persuade the prosecution to be lenient, it isn’t a defense to assault. This field is for validation purposes and should be left unchanged. There are several different types of charges that fall under ‘assault and battery’, all of which come with varying levels of punishment. A simple assault charge could occur if that person acted knowingly, negligently, or recklessly. Breaking Assault Down into Specific Charges . We serve clients in the Aggravated assault is an indictable offence punishable by a maximum of 14 years imprisonment. If the victim suffers a serious bodily injury or a significant bodily injury, it is a second-degree offense; otherwise it is a third-degree offense. 87 South Street Freehold, NJ 07728 888-Ellis-Law 888-355-4752 Fax: 732-577-0100 info@ellislawcenter.com, 14 Tindall Road Middletown, NJ 07748 888-Ellis-Law 888-355-4752 Fax: 732-577-0100 info@ellislawcenter.com, 3535 Route 66 Neptune, NJ 07753 888-Ellis-Law 888-355-4752 Fax: 732-577-0100 info@ellislawcenter.com, Turnpike Plaza, 197 Route 18 Unit 100 East Brunswick, NJ 08816 888-Ellis-Law 888-355-4752 Fax: 732-577-0100 info@ellislawcenter.com, 75 Montgomery Street Jersey City, NJ 07302 888-Ellis-Law 888-355-4752 Fax: 732-577-0100 info@ellislawcenter.com, 425 59th Street West New York, NJ 07093 888-Ellis-Law 888-355-4752 Fax: 732-577-0100 info@ellislawcenter.com, 1386 RT 9 S Toms River, NJ 08753 888-Ellis-Law 888-355-4752 Fax: 732-577-0100 info@ellislawcenter.com, 645 Elizabeth Ave., Elizabeth, NJ 07206 888-Ellis-Law 888-355-4752 Fax: 732-577-0100 info@ellislawcenter.com, 2 Broad Street Suite 606 Bloomfield NJ 07003 888-Ellis-Law 888-355-4752 Fax: 732-577-0100 info@ellislawcenter.com, 233 Broadway, Suite 300 New York, NY 10007 888-Ellis-Law 888-355-4752 Fax: 732-577-0100 info@ellislawcenter.com, 107 Smith Street Brooklyn, NY 11231 888-Ellis-Law 888-355-4752 Fax: 732-577-0100 info@ellislawcenter.com. When coupled with a physical act, simply placing another person in fear of receiving a violent injury can be enough for a simple assault. Some states use the term sexual battery; in New Jersey, it is referred to as criminal sexual contact. The charge of aggravated criminal sexual contact is a third-degree offense. Our New Jersey criminal defense lawyers at Ellis Law may be able to downgrade or eliminate an assault charge. This can mean the difference between months or years in prison or serving at least part of the sentence in probation. If the assault by automobile charge involves driving under the influence (DUI) of alcohol, then the charge is much more serious. For this reason, it is important to call us at 732-308-0200 or complete our online form for a free consultation today. Since this is written into the statue, this type of sexual assault is also referred to as statutory rape. The maximum jail time is 30 days if the charge is for consensual fighting. Evaluating all possible arguments for defense. So, if an individual acts in a way that's considered dangerous to other people that can be enough to support assault charges, even if they didn't intend a particular harm to a particular individual. Assault Charges. Located in Freehold, New Jersey, we serve clients throughout East Brunswick, Toms River, Middletown, Jersey City, Neptune, Hudson County, Union County, Essex County, and Ocean County, as well as Brooklyn and New York City. A simple assault charge could occur if that person acted knowingly, negligently, or recklessly. This Class 1 offense is typically reserved for lower-level incidents. Sexual assault is considered a federal crime. A person recklessly causes bodily injury to another person with a deadly weapon; this is considered a fourth-degree offense. In this case, the driver of the automobile has consciously disregarded any risk of injury to others which resulted in injury or harm to another individual. The legal system may consider the plaintiff’s character or behavior in deciding the issue of consent. Any Family Services and Division of Youth employee. If you were charged with assault, make sure you have the best protection possible. Read on to discover how assault charges are classified, and how those classifications affect the way in which your case might be treated and what the consequences could be. For example, the plaintiff may have been under the influence of alcohol and misidentified the actor. They are: Simple Assault; Simple assault is the most basic form of criminal assault charge in Canada. There are six classes of offenses, with penalties ranging from a year in prison and a year of parole to life in prison or death. The Different Types of Assault Assault (s. 266) Simple or common assault is one of the most common and least serious form of assault charge in Canada. An individual may be found guilty of simple assault in many different scenarios with regards to intent or purpose. Considered a “crime of violence,” second-degree assault is tried in district court with a DA prosecuting and carries a mandatory 5- to a 16-year prison sentence. An emergency first-aid responder or person in the medical services is acting within the realm of their duties. These are very serious offenses and having a skilled and experienced lawyer is crucial. Sexual assault is a second-degree crime, carrying a penalty of up to 10 years in jail in addition to fines. Third-degree assault. How assault is defined by state law will determine the severity of assault penalties, punishments, and sentences. In a simple assault case where the intended victim of the assault is a public official or police officer, the offense is considered an indictable felony charge. Complaints and indictments of aggravated assault can occur in many different situations. 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