What is punishment for assault

There is a large burden of proof on the prosecution in order to show intention or recklessness on the part of the defendant.

You will be heard in a Magistrates Court. A person charged with a common assault first offence is likely to receive a fine rather than a custodial sentence. Self-defence is the most efficiently used defence for an assault offence. There is a delicate balance which needs to be articulated to differentiate genuine self-defence from retaliation.

The force used to defend oneself, or ones family or close friend, must only be that which was used as a last resort and exerted minimally as to not be over exerting force for the sake of revenge. There is a fine line between self-defence and retaliation, and it is best to seek legal advice to make sure your points are eloquently argued. Aggravated penalties typically apply when the crime results in serious, substantial, or great bodily harm or risk of death.

Bodily harm typically refers to physical pain or injury, whether or not visible. Serious or moderate harm may refer to more substantial yet temporary harm, such as a cut requiring stitches, significant bruising or swelling, or a sprain or broken bone. And great bodily harm tends to involve life-threatening injuries or permanent, serious injuries, such as injuries requiring surgery or resulting in a permanent limp or loss of a bodily function. Depending on the state law, an assailant may face aggravated assault charges if they possessed a weapon and either threatened to use it or used it in the offense.

In some states, assault with a deadly weapon is a separate, distinct crime and not included in the crime of aggravated assault. An object is a deadly weapon if it likely can cause death or great bodily harm. A gun and a large knife are, by definition, deadly weapons because they are inherently dangerous and even designed to cause injury. Other objects, such as rocks, bricks, or even a boot can constitute a deadly weapon if the object is used in a manner likely to cause or threaten serious bodily injury or death.

Learn more about the laws and penalties associated with assault with a deadly weapon by reading our article Assault With a Deadly Weapon: Laws, Penalties, and Sentencing. Every state has different laws and different interpretations of those laws.

Below are examples of simple and aggravated assault crimes, but be sure to talk to a lawyer about the laws that apply in your state. To learn about aggravated assault laws in your state, jump ahead to the section on state aggravated assault laws.

In order to convict on aggravated assault, the prosecutor must prove every aspect of the crime called the "elements" of the crime beyond a reasonable doubt , including the act of assault and the elements that made the assault "aggravated. The prosecutor must prove that the defendant intentionally threatened an attack and caused the victim fear, or that the defendant attempted or accomplished a physical attack.

The prosecutor also must prove the facts that make the assault aggravated—that the defendant used a deadly weapon, inflicted serious injuries, committed the assault in furtherance of another serious crime, or targeted a protected class of victim, such as a police officer, school employee, or an elderly or other vulnerable person. Defendants charged with aggravated assault have the usual defenses available to all criminal defendants, starting with " You've got the wrong person , it wasn't me.

That defense may take the form of showing that a weapon actually was in the victim's possession or that the victim made the first threat or struck the first blow. Another possible defense is showing that the defendant's actions were purely accidental and that he had no criminal intent. Simple assault typically carries misdemeanor penalties punishable by up to a year in jail.

Aggravated assault is usually a felony punishable by approximately one to twenty years in prison, depending on the specific provisions of each state's sentencing statute or sentencing guidelines. Normally, the judge has some discretion on the length of the sentence and whether to allow the defendant to serve any portion of the sentence on probation rather than in prison. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure.

Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Contact Us Tell us about your case Find out more about the different types of sentence the courts can impose. Harm is an assessment of the damage caused to the victim by the assault.

It considers how injured the victim was and whether the assault was sustained or repeated. Culpability is a measure of how responsible the offender was in the assault. You can find out more about how sentences for assault are decided depending on the offence type.

See the sentencing guidelines for:. Judges and magistrates weigh up all the facts, how blameworthy the offender is and the level of harm they have caused, particularly to the victim, and use sentencing guidelines to reach a proportionate sentence. They look at aspects of the case that make the offence more serious, and any factors that reduce its seriousness.

The judge must also consider other factors such as whether the offender pleaded guilty — which normally means a reduction in sentence — or whether they spent time in prison while awaiting trial and sentencing.

This time is deducted from the overall sentence.