What type of charge is assault?
Common assault comes with a maximum prison sentence of two years, and is usually treated as a summary offence, although it can be dealt with as an indictable offence as well.
What is an example of an assault?
Some examples of assault may include: Attempting to spit on the victim; Miming the act of hitting, punching, or kicking the victim; Brandishing a deadly or non-deadly weapon in a manner that suggests the victim will be hit with that object; and.
What is an assault on a person?
Definition. The definition of assault varies by jurisdiction, but is generally defined as intentionally putting another person in reasonable apprehension of an imminent harmful or offensive contact. Physical injury is not required.
How are different types of assault charges decided?
Several offences fall under each of these main types of Assault, and the Crown Prosecution Service (CPS) will decide what offence to charge a person with depending on many factors, including the parties involved, the nature of the alleged Assault, the location of the Assault, and what evidence they have.
What to do if you are charged with assault?
If you have been charged with Assault, whether Common Assault or a form of aggravated assault like ABH or GBH, you should contact a trusted legal professional to help you navigate the criminal process.
What makes a person guilty of common assault?
Common Assault is a broad and complex charge, and because there are so many different actions that fall under ‘Assault’, it is often easier to understand the offence through examples. In plain language, you can be found guilty of Common Assault if you hurt another person or if you make that person think that they might be about to suffer harm.
When does an assault charge come before a battery charge?
Generally, assault comes before battery. You assault someone if you put them in fear that you are imminently going to strike them physically, with the intent to hurt them. Although it seems like an attempted crime, it actually is a complete crime in and of itself. If you were in a fight, you probably would be charged with assault and battery.
What are the different types of assault charges?
Understanding the differences between the four types of assaults is crucial to building a solid defense. Here’s what you need to know about assault charges: Petty assault. This Class 1 offense is typically reserved for lower-level incidents. It is tried in municipal court with a city attorney acting as the prosecutor.
If you have been charged with Assault, whether Common Assault or a form of aggravated assault like ABH or GBH, you should contact a trusted legal professional to help you navigate the criminal process.
What is the punishment for assault and battery?
The most common punishments for assault and battery are jail time and fines. Keep in mind, some jurisdictions join the terms assault and battery to describe cases that involve elements of both crimes. When you have made the decision to file charges after an assault, you need to visit your local police department.
Common Assault is a broad and complex charge, and because there are so many different actions that fall under ‘Assault’, it is often easier to understand the offence through examples. In plain language, you can be found guilty of Common Assault if you hurt another person or if you make that person think that they might be about to suffer harm.