Assault is a crime that involves touching someone in a harmful or offensive way or making them feel threatened. It doesn’t require any physical contact – a mere gesture or the threat of touch can be enough to charge you with assault. Assault laws vary by state. Some states treat threatening actions and threats of violence differently than others, with some states classifying those as crimes like menacing or reckless endangerment instead of assault.
Assault can also involve a weapon, and injuries don’t have to be serious to be charged with this crime. As a felony, the penalties for assault are high, but you could see your charges reduced to a misdemeanor with the help of a criminal defense attorney.
When an attorney fights a case for you, they use police reports, stories from witnesses and sometimes medical records to support your side of the story. They might even suggest that you acted in self-defense or to defend others from an attacker. These arguments can lead to your assault charges being dropped or lowered from a felony to a misdemeanor, depending on the situation and the state laws.
An individual can be charged with Assault in the Fourth Degree if they have actual bodily injury that causes substantial pain and discomfort but falls short of the next level of Assault, Battery in the Third Degree. This is especially common in situations when the person being assaulted is a law enforcement officer, transit (bus driver) operator, school bus driver, fire service member, search and rescue personnel or emergency medical workers.