Criminal Defense Attorney Redwood City, CA
Criminal assault is a type of crime defined by state legislatures and the Federal government. Though this means that the definition can vary from state to state, as a whole there are three primary forms of assault that constitute a criminal offense: assault, assault and battery, and aggravated assault.
Read more to learn about these types of assault and what you can do should you become a victim of this crime.
Criminal assault is typically defined as an intentional act that threatens or commits physical harm. As such, this means an assault doesn’t necessarily have to be a physical act of violence, merely a threat. This could take the form of wielding a baseball bat and swinging it toward someone without connecting or waving a fist at another person. Keep in mind that simply verbalizing an intent to commit bodily harm is not classified as a type of assault, though the victim can seek other forms of protection. For more information, contact a lawyer for a consultation on what this means for you.
This act of violence or threat of violence is very real to the victim. By expanding this definition to include the threat of assault, it often enables the arresting officers to prevent physical harm from occurring. Assault can be defined as a misdemeanor or felony in a court of law.
Assault and battery
Battery and assault were once confined to their own categories. Assault can still be committed without battery but battery is performed by a criminal when physical harm is achieved. This could be due to reckless behavior or a purposeful act by the perpetrator. Many state legislatures do not differentiate between the two.
Aggravated assault occurs when a more serious crime is committed, making it a felony. It often includes the presence of a weapon, such as a gun or knife. Aggravated assault also occurs when the intent to commit a serious crime is committed, such as a rape. This type of crime is also known as an aggravated assault when it occurs between people in a relationship, where threat of serious harm is ever-present. Depending on the severity of the assault, the cases are defined by first, second, and third degree assaults.
Should you be charged with a criminal assault, there are a number of options you can consider. For example, if you were defending yourself because your well-being or property were put at risk, you may be able to reduce the charges against you. Contact a criminal defense attorney Redwood City, CA offers at Morales Law Firm today to learn more.