Assault is defined as the intention to cause 1) fear of harm or 2) actual harm to another person. The degree of the assault charge depends on the severity of the harm caused, the offender’s prior criminal record, and the identity of the victim of the assault.
For example, assault in the fourth degree is charged when the victim is a police officer or emergency personnel. Assault in the third degree causes substantial bodily harm. Assault in the Second degree requires use of a dangerous weapon. Assault in the first degree is charged when the victim is caused great bodily harm, or use of force is used against a police officer or correctional employee.
These definitions are used to delineate between different levels of assault, and often the charges can be challenged by an attorney, especially when the state has charged based on the injuries of the victim. If you have been charged with assault and believe you did not injure the victim, or contest the gravity of the injuries, it is important to retain a lawyer to fight the case. For example, ‘substantial bodily harm’ can be subjective, so it’s important to have your attorney, Catherine Turner, review the facts of your case, and review with your what your defenses and options are.
Domestic Assault has the same general definition, except it is charged when the alleged victim of the assault is a member of the offender’s household, family, or with whom the offender has or has had a significant sexual relationship. Therefore, a person can be charged with domestic assault against a former spouse, an ex-lover, a current lover, a child, uncle, brother, aunt or mother.
Domestic assault charges can ruin relationships and be very hard on families. Often these charges stem from misunderstandings, false accusations, or relationship problems. Most of the time a domestic assault charge is accompanied by a no contact order between you and the alleged victim. This court ordered separation can put tremendous strain on a family. With help from your attorney, Catherine Turner, you can request that the court lift the no contact order so you can get back to normal with your family. Catherine will help you evaluate your situation and defend you against such hurtful allegations. She understands that every case is different, and will work with you to get the help you and your family needs.
Other crimes that fall under the umbrella of assault are strangulation and terroristic threats. These are all crimes that involve threats, injury, intimidation or fear. Assault crimes are enhanceable offenses. It is critical that you consult with an attorney if you have been charged with an assault crime. You may be sent to jail if you are convicted.
Click on the charge to see the statutory definition: