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Posted by Brian on Nov 5, 2014

Defining Assault Charges

One of the crimes of violence that is sadly very common is assault. There are two types of assault that states tend to follow: some states have assault defined as using intentional force or violence against another person (punching or striking a person using a weapon or object), while some states may define assault as not necessarily needing physical contact with the victim and is described as any attempt of committing physical attack or actions considered to be threatening that would cause him or her to feel fear or impending violence. Verbal threats are not considered assault according to the second definition, and physical actions such as raising a fist or swinging a weapon could constitute for assault.

If you want to learn more about the different types of assault, it would helpful to talk to a Houston criminal defense lawyer, since difference in state laws can make distinctions. For states that follow the definition of assault as putting the feeling of fear and immediate physical danger to the victim, the victim’s response should be a genuine and reasonable reaction under and given circumstance: it should be expected from any reasonable person.

A simple assault constitute to the victim suffering from minor injuries or a limited danger of violence. Aggravated assault is considered a more serious crime, with the victim suffering or experiencing from a severe or significant violence or fear (involving more than just a simple punch or slap across the face). A defendant can be convicted with simple or aggravated assault of the elements of the case has proven “beyond reasonable doubt” that defendant intentionally threatened to attack or cause harm to the victim, or have successfully done so. Aggravated assault further requires the act to have the defendant either utilized a deadly weapon, caused severe personal injury, conducted the assault intending to commit some serious criminal act, concealed his/her identity, or if the victim of the crime is a member of a class of protected citizens (such as police officers, senior citizens, or school employees).

Because it is a very serious felony, charges of aggravated assault should never be taken lightly. According to the website of Mark Lassiter, Attorney at Law, hiring a Dallas criminal defense lawyer may be the only way to secure minimal penalties and protect your rights. Being convicted with aggravated assault can have a great impact in your life, therefore finding the right legal representation is vital in order to achieve a more positive outcome.

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