Facing a simple assault charge can be overwhelming, especially if you are unsure what it means
or how to proceed in handling the matter. It is crucial to know your rights and the steps you can
take to protect yourself. If you or someone you know is facing a simple assault charge, we are
here to help guide you through the legal process and fight for your defense.
What is Simple Assault?
Simple assault is a criminal offense that involves causing or threatening bodily harm to another person, without the use of a weapon. It is important to note that physical contact does NOT need to occur for a simple assault charge to be issued. Simple assault differs from aggravated assault,
which involves more extreme forms of physical harm or the use of a weapon. Key elements of simple assault usually include:
- Intent: The accused must have the intention to cause panic or fear of harm to the victim.
- Threat: A verbal threat or threatening behavior must be present, leading the victim to reasonably believe that they are in danger of physical harm.
- No Physical Contact: Physical contact is not necessary for a simple assault charge. The mere act of causing fear or apprehension can be sufficient.
- Presence of Physical Contact: Simple assault does not always require physical contact; however, it can certainly arise when physical contact is present.
Consequences of Simple Assault:
Being charged with simple assault can have significant legal consequences which may include:
- Criminal Record: A conviction for simple assault can result in a permanent criminal record. Options for expungement may be available in the future.
- Fines: Courts often impose fines as a penalty for simple assault convictions. The amount of the fine can vary widely but is typically determined by the severity of the offense.
- Probation: A judge may sentence the defendant to probation. Probation typically comes with conditions, such as regular check-ins with a probation officer, completion of anger management or counseling programs, and compliance with restraining orders if applicable.
- Restitution: In cases where the victim suffered financial losses because of the assault (medical bills or property damage), the court may order the defendant to pay restitution to the victim to cover those losses.
- Jail Time: While simple assault is generally considered a misdemeanor, some jurisdictions may impose jail time for convictions, especially if the offense was aggravated, involved a weapon, or if the defendant has a prior criminal record.
What to Do If Accused of Simple Assault:
If you or someone you know is facing simple assault charges, it is crucial to seek legal representation. An experienced criminal defense attorney can provide guidance on your rights and the best course of action. Your attorney will help you gather evidence, such as witness statements, video footage, or any information that can support your defense.
Protect Your Rights:
Understanding what simple assault entails, recognizing potential examples, and knowing how to respond if faced with such charges are essential for protecting your rights. If you or someone you know has been charged with simple assault, Contact UBFK Law today to consult with our
experienced criminal defense attorney, Sophia Shalaby, Esq. We are here to provide the guidance and defense you need during this challenging time.