One thing that many people do not understand is that assault does not always involve touching someone directly. Assault and battery is the charge you will see if you strike an individual.
There are two different types of assault charges that you should understand.
Assault is when you behave as if you are going to physically harm someone. The key here is that the person needs to reasonably fear that you will carry out the threat of harming them.
Simple assault with no other mitigating factors is a Class C Misdemeanor. It usually carries the sentence of at least 30 days in jail as well as community service. Please note that this is only the beginning, and there are many other circumstances that are the courts look at.
There are a few factors that make an assault become an aggravated assault. These factors also influence sentence and severity.
Location of the threat matters. If you assault someone in private, it is simple assault. If you assault someone in a public place, it automatically becomes aggravated assault. These places include:
- Public property
- Religious houses
- Sports venue
- Place of amusement such as a theater or bar
Status or type of person assaulted
Who the person assaulted is can make the charge aggravated. This doesn’t mean a specific person but a specific type of person, such as a person with a disability.
If you assault someone while brandishing a weapon or something you can use as a weapon, the assault becomes aggravated.
Assault is the threat of violence, and knowing what qualifies as assault can help you understand the different charges.