What to Know About How to Beat a Simple Assault Charge
Simple assault carries the least punishment and entails the intentional act of causing a person fear of a battery or attempting to cause harm. The two key components of simple assault are physical contact or fear of harm. Whereas, the battery is the actual act of harming another person. Often people are charged with assault and battery. Here’s how to beat a simple assault charge.
To beat a simple assault charge, one can plead not guilty, request a plea agreement, or use one of the other defenses. The first option requires a trial and is often risky. While the second option is less expensive and quicker, judges may not accept plea agreements. The other options are more case-specific, such as mistaken identity or consent.
Simple Assault
A simple assault charge is a threatening act leading someone to believe there was the intention to harm or a failed battery (attempted harm). If either of the above results in harm, one is charged with severe assault. Simple assault is the least serious charge. Simple assault is often the threat of harm or physical/offensive touching. For example, aggressive threatening or pushing someone away is a simple assault.
Most often, people with simple assault charges will get a misdemeanor. Most states will punish the offense with up to a year in jail and a fine. For example, in California, a misdemeanor carries up to six months in jail and fines.
Related: Civil vs Criminal Law: The Difference
There are three main elements of simple assault:
- Intent: defendant threatened another person,
- Reasonable apprehension: victim faces a significant threat of harm, and
- Harm: some form of harm to the victim.
Factors considered for the penalty:
- Whether first-time or repeated,
- If there were any drugs/alcohol in the victim,
- Whether an individual provoked the defendant, and
- Mental health or disabilities of the defendant.
The penalty is more serious when the simple assault is against a member of a protected class or special victim. Protected classes vary by state, but often include hospital staff, teachers, judges, mental health care providers, etc.
Pleading not Guilty
One of the options for a simple assault charge is to plead not guilty. The prosecutor will have to prove its case beyond a reasonable doubt, making it easier to find potential weaknesses. However, a trial is still needed, which is expensive and time-consuming.
Plea Agreement
To beat a simple assault charge, a defendant can use a plea agreement/bargain where they admit guilt and are convicted. A plea agreement saves time and costs and can potentially lower jail time.
There are three times of pleas:
- Plea with no jail time (deferred sentence and probation instead),
- Plea with some jail time,
- Plea to lesser charges (judge may drop one or more charges), or
- Plea to enter special programs (for example, if the defendant was under the influence of drugs or alcohol, they can plead to enter a program like Alcoholics Anonymous).
With all three options, the outcomes will differ depending on a prior criminal record and the severity of the crime.
Related: Sexual Assault in Civil vs. Criminal Court
FAQs About Simple Assault Charges
What are the alternatives to pleading guilty or a plea agreement to a simple assault charge?
Other than pleading not guilty or asking for a plea agreement, there are other options to beat a simple assault charge:
- Self-Defense: defendant was acting to protect themselves,
- Mistaken Identity: Someone has mistaken the defendant’s identity,
- Accidental Harm: incident occurred accidentally,
- Consent: victim consented to the assault, or
- High Five Defense: the defendant did not mean the action as a threat with no intent.
What is the difference between assault and battery?
A simple assault is either a failed battery or a threatening act. Whereas, the battery is the actual act of harming someone. Hence, when the authorities charge someone with battery, they are usually also charged with assault, but not vice versa.
How does a prosecutor prove a simple assault case?
To prove a simple assault case, they must show every aspect beyond a reasonable doubt. The evidence must prove:
- The defendant intentionally threatened the victim with harm,
- The defendant appeared able to carry out the threat, and
- The threat caused the person immediate fear of violence, or the defendant attempted to harm the victim.
Who can someone contact if charged with a simple assault charge?
If charged with a simple assault, one should contact a criminal defense lawyer as soon as possible. Criminal defense lawyers can help one understand the criminal justice system and decide the best route.
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