Legislative bodies and Congress determine what constitutes crimes, including assault. Thus, assault may be defined differently in one state than it is in another. A criminal defense law firm in your area can inform you of the specific definition of criminal assault in your state.

What Is Assault?

Despite the fact that no physical harm has been done, assault can still occur. Threatening harm is what constitutes assault. It must be intentional to threaten harm. Waving a fist at someone without making contact, swinging a baseball bat at someone but not hitting them, and pointing a loaded gun at someone while they are aware that you are pointing a gun at them are all examples of assault. It is possible to feel threatened by some acts that are not criminal assaults. As an example, telling someone that you intend to harm them in the future is not assault. Pointing a gun at someone who is unaware of the weapon is also not acceptable.

Is It A Felony?

Based on the severity of the crime and the laws in the state, assault can be classified as either a felony or misdemeanor. Crimes classified as misdemeanors are considered lesser offenses. Typically, these crimes result in prison sentences of less than one year, smaller fines, community service, or a combination of these punishments. Crimes classified as felonies are more serious in nature. In these cases, you usually have to serve more than a year in prison, pay heftier fines, or both. A person may be charged with a misdemeanor if the assault is considered minor. A felony assault will, however, likely be considered if an assault involves a dangerous weapon.

If you have been accused of assault and need legal representation, be sure to reach out to us. Call (303) 791-6500 to get help today.