Getting charged with assault can have serious implications for your life. Not only does a conviction carry a prison term of up to a year and a permanent criminal record, but it can also disqualify you for some forms of aid, prevent you from getting certain jobs and limit your housing options. The good news is that you can successfully defend yourself against an assault charge if you have the right legal strategy.
In the law, Assault describes an act that causes another person to fear immediate harm and physical contact. The fear that you cause must be one that a reasonable person would find disturbing, and it doesn’t necessarily have to involve physical violence or touching. For example, spitting at someone or raising a fist can be enough to qualify as an assault, provided the victim believes that they are in danger of being hit.
Assault can be charged with either actual bodily injury (ABI) or grievous bodily injury (GBH). The penalty for both charges varies by jurisdiction. Some states have merged the crime of assault with the crime of battery, while others separate the two offenses into charges of assault and aggravated assault. The offense of assault is a crime of “malicious intent” under Scots law, meaning that it isn’t committed by accident or even by recklessness or negligence.
Assault is a common crime that can be classified as either a misdemeanor or felony. The seriousness of the charges and your possible penalties will depend on how much force was used during the attack.