Assault is a violent crime, and its definition varies by jurisdiction. Some areas define it as the intentional use of violence, such as striking someone, but in other areas assault does not always involve physical contact. Under the latter definition, a verbal threat is not usually enough to be considered assault. Here, a menacing action would have to occur for a criminal defense attorney in Angola, Indiana to be called in.
Fear on the Victim’s Part
In jurisdictions defining assault as the act of putting a person in fear of impending violence, the victim’s actions after the threat must be reasonable. The defendant’s actions must cause an ordinary person in the same circumstances to feel fear, and the victim’s response must be proportional to the threat.
Simple or Aggravated Assault
Most simple assaults are charged as misdemeanors, and they typically involve limited threats and minor injuries. In jurisdictions, defining assault as a physical act, a push or a slap would be simple assault. Aggravated assault’s circumstances make the act more serious, such as when the threat is made with a weapon or results in severe injury.
Misdemeanor Assault Against a Special Victim or Protected Class Member
In many areas, a simple assault against a vulnerable individual or community service provider is considered more serious than an assault against an ordinary person. Simple assault against a special victim can be considered a felony, and the defendant may be subject to a mandatory minimum sentence.
Documentation and Defense
For a simple assault conviction to succeed, the DA or prosecutor must prove all criminal elements beyond a reasonable doubt. Evidence must prove that:
- The defendant threatened the victim on purpose.
- The defendant had the means and the motive to carry out a threat.
- The threat put the victim in fear of violence.
- The defendant attempted to apply force, or their attempt was successful.
A defendant facing assault charges can use all the defenses commonly used in criminal trials. Moreover, a criminal attorney with Grimm & Grimm can allege that their client acted in self-defense. Some areas have “stand your ground” laws that allow victims to fight back against an attacker. Those facing assault charges should browse the website to consult a criminal defense attorney in Angola, Indiana to learn which defenses are available.
