The consequences of assault offenses and crimes ranges from prison at one extreme to probation, parole, fines, loss of right to own weapons, and anger management programs at the opposite extreme. Of course, there are other penalties, punishments, and sanctions that may result in some jurisdictions.
The variables and factors that usually impact the consequences of an assault crime are the prior history of the offender and in particular, whether other assault crimes have been committed, prior convictions, status of current probation, and status of current parole.
What you considered to be a small assault charge can result in a seriously severe sentence if a judge is inclined to believe that you need it.
Types of Assaults
There are many different types of charges pertaining to an assault and battery. These types will depend upon the criminal charges and severity of each charge. It may also help distinguish upon how much compensation you may be entitled to for your personal injury lawsuit.
- Assault- An assault is a crime of violence against another. Assaults are typically a threat of bodily injury that could cause harm to another person. This is a verbal threat that would put another person at ease.
- Assault with a deadly weapon- An assault with a deadly weapon includes a threat with a bat, gun, knife or object. An assault with a deadly weapon is typically the action that would threaten someone’s life.
- Battery- Unlike an assault which is a verbal threat, a battery is the action of using force.
- Assault & Battery – First a verbal threat of bodily injury and the act of using physical force.
- Domestic Assault & Battery – The verbal threat to a family member and action of using force against the family member.
- Sexual Assault & Battery – The verbal threat to use force against another person to perform sexual acts and the use of force to perform sexual acts without consent.
- Aggravated Battery- A victim is injured due to a deadly weapon.
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Types of Assaults
- Felonious assault is an unlawful attack or attempted attack, accomplished through force or violence, that causes physical injury to another person. This type of assault involves the use of weapons and/or serious injury. If a weapon is used, an attack is deemed a felonious assault even if no injury occurs. But there need not be a weapon for this designation. If a serious injury occurs due to an assault using hands, fists, or feet, it is also deemed a felonious assault. Therefore, both serious resulting injuries and the use of weapons are triggers for a felonious assault. Assault and battery is an example of a felonious assault. This is a type of incident that results in actual contact made and creates a need for medical attention to the victim.
- Simple assault occurs when a weapon is not used and the resulting injuries that are caused to the victim are minor in nature.
- Physical assault causes grievous bodily harm, such as prior to the commission of a murder or aggravated assault.
- Aggravated assault occurs with the use of a weapon and/or an amount of increased force.
- Sexual assault involves the use of force against the will of the victim, resulting in a rape, molestation, sodomy or similar sexual offense.
- Verbal assault – this is a type of non-physical, oral assault that results in an emotional, mental, and/or psychological injury to the victim, rather than a physical bodily injury.
If YOU HAVE BEEN ACCUSED OF A CRIME BUT HAS NOT YET BEEN CHARGED, CALL US IMMEDIATELY. WE MAY BE ABLE TO PREVENT THE FILING OF FORMAL CHARGES.