“Assault” refers to the use of or threat of force on someone; it causes reasonable apprehension of offensive contact or imminent harm in that person. Assault may also take the form of a crime. It is generally categorized as a civil wrong (tort). Here, we aim to throw light on what makes for a simple assault. Read on to know more.
What do you Mean by Simple Assault?
Typically, there are two different kinds of misdemeanor or simple assault. These are intent-to-frighten assault and attempted-battery assault. It’s important to know what to do if you find yourself as a part of a simple assault. With a view of proving an attempted-battery assault, the prosecution has to provide evidence that without the presence of any reasonable doubt, violence or force was used by the defendant to injure (or try to injure) someone. It has to be proved by the prosecution that violence or force was intended on the part of the defendant to harm the other person.
The long and short of it is that the defendant’s actions cannot be an accident or mistake; the prosecution has to prove that it was completely intentional. Additionally, it has to be proved that when the battery assault was attempted, there was an ‘apparent ability’ by the defendant to cause injury to that person.
On a similar note, three elements form an integral part of the criminal offense related to any intent-to-frighten simple assault.
- The government has to prove beyond the realms of any reasonable doubt that a threatening act was performed by the defendant. The act would have caused immediate injury or a sense of fear in the other person.
- The government needs to provide evidence that the defendant had the intent of either causing injury or creating a sense of fear in the affected person.
- It also has to be proved by the government that the defendant guilty of the alleged assault had the capability of causing injury to that person.
Simple Assault – Possible Defenses
The defenses possible in case of simple assault encompass defense of others, defense of property, and self-defense. For example, a reasonable level of force is allowed in self-defense if:
- There is reasonable cause for the person to believe that there’s imminent and immediate danger of any kind of bodily harm.
- There are reasonable grounds in place for the person to harbor that belief.
Initial Court Appearance – What to Expect?
If a criminal case is lodged in the District court then it would lead to a minimum of three hearings. These include arraignment, the initial status hearing, as well as the trial. The arraignment refers to the first hearing wherein the defendant hears the charges and enters his or her plea. The initial status hearing would take place three or four weeks after the arraignment.
Simple assault Cases Need a Lawyer!
Even though it’s possible to fight the case in self-defense, a defendant will be actively discouraged by the court from doing so. If the defendant does not have the financial ability to hire a criminal defense lawyer, the court will do so on his or her behalf. In case you’re facing an assault charge, you may want to connect with an experienced lawyer to represent your case in court. Get in touch with your preferred law agency to avoid any further complications.
You may also like: 5 Tips to Find a Good Criminal Defence Lawyer in WA