When someone is assaulted, it’s an extremely disturbing and upsetting experience. It can make people feel embarrassed, ashamed, and confused about what happened to them. They may even think that they are to blame for the attack. The reality is, however, that it is the attacker who has done something wrong. The law classifies assault as a misdemeanor or felony offense, depending on how serious the incident was and who the victim is. Those charged with assault could face penalties that include fines, probation requirements, community service, and even jail or prison time.
Generally, for an individual to be charged with assault they must engage in conduct that puts another person in reasonable apprehension of immediate bodily harm. Unlike the separate crime of battery, which requires actual physical contact, assault only needs to cause the other person to believe that they are about to be hit. This is why yelling or spitting at somebody can count as assault, as long as they reasonably fear that you’ll hit them.
The level of injury required for an assault charge varies from state to state as well. Some states have more serious assault charges called aggravated assault, which have stiffer penalties for those who commit the crime. These are typically classified as felonies, meaning they can lead to jail time of up to a year and permanent felony criminal records for those who are convicted. Examples of aggravated assault crimes include attacking a law enforcement officer, school bus driver, or emergency responders such as firemen or EMTs.
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