The term assault is frequently associated with different crimes and offenses but in most instances, it is incorrect. Legally, assault is the threat or attempt to touch a person physically or strike a person in an offensive manner regardless of whether contact was actually made. Assault can only occur if the victim is aware of the threat and is apprehensive that the threat will occur very soon.
However, the fact that a person is afraid that he might be offensively touched in the future is not enough to call it an assault. The elements of civil assault are similar to that of criminal assault except that the victim must show the actual damages resulting from assault so that he can be compensated for any injury.
Elements of simple assault
If a person is charged with assault, the case is generally assigned to a judge. The case will ultimately go to trial if the charges are not dropped or if the defendant does not enter a plea bargain. Since the prosecutor has to prove that all the elements of assault are present to convict the defendant, it is important for a defendant to have an assault lawyer to ensure the best defence.
The elements of assault may vary from state to state but generally, the elements include intent, reasonable apprehension, and harm. Intent means that the defendant has an intention to threaten or scare a person into believing that he is going to be physically harmed through an act, gesture, or words.
The act, gesture, or words must make the victim afraid of an imminent threat. For example, if the defendant threatens a person with harm in exactly one year, it will not satisfy the requirement of imminent threat.
Reasonable apprehension means that the victim has perceived that the threat the defendant made could possibly happen. This element will not be fulfilled if the victim does not believe that the threat is real or directed to him.
To fulfil the element of harm, the victim must actually be harmed in some way. The victim has heard a threat that he will be physically harmed and has become afraid that the threat might actually happen.
Available defences to simple assault
A good criminal defence lawyer knows that there are available defences to defeat assault charges. One of the common defences used to a simple assault charge is self-defence or defence of others. The lawyer has to prove that the defendant reacted out of self-defence or to protect others from harm.
Another defence available is the protection of property although this is more difficult to assert than self-defence. Mistaken identity means that the defendant is not the person who committed the crime. If the harm was caused because of an accident, the lawyer can argue that it is not an assault. A defendant cannot be guilty of assault if the victim consented to the actions.
If you have been accused of assault, contact Jag Virk lawyers to obtain the best possible defence. Your case is definitely in good hands with the guarantee that your future will be protected.
