Assault can be a serious crime with various penalties depending on the severity of the offense and the circumstances involved. Generally, a conviction of assault can lead to jail time, community service, probation, or fines. Depending on the degree of the offense, it can even have additional repercussions such as disqualification for public assistance or limitations on housing options.
Typically, the key element in an assault case is that someone was put in reasonable apprehension of bodily harm by threatening behavior. That means that physical contact is not necessary. In fact, just yelling at someone could qualify as an assault in some cases. The requirements for an assault charge also vary based on what the offender intended to do. For instance, an assault charge can be elevated to a felony if it involves the use of a deadly weapon or when the victim is over 65 years old, younger than 11 or a police officer, firefighter, or judge. These are known as aggravated assault charges.
Assault is different than battery because assault doesn’t require physical contact to be charged with the crime. However, battery does. Specifically, battery is the act of intentionally making offensive or harmful contact with another person. As a result, if you accidentally knock someone over, you likely won’t be charged with battery. But if you physically restrain someone in a dangerous way, you might be charged with battery. Both assault and battery can be elevated to a felony charge when the victim is over 65 or a police officer, firefighter or judge and when the offender uses a deadly weapon or intent to cause severe injury.
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