Did you know that in 2019 there was an average of 252 aggravated assault charges per 100,000 people in the United States of America?
Assault is the most common violent crime in the United States, but there are multiple types of assault charges. Knowing the types of assault and what constitutes them is the best way to know if you’re the victim of an assault.
Being attacked or feeling threatened is one of the most traumatic experiences that a person can have. Knowing the different types of assault and hiring a lawyer to help you press assault charges is the best way to combat your assailant.
Continue reading for an in-depth look at the common kinds of assault and what constitutes each.
Common Types of Assault
Assault comes in many forms and depending on the perpetrator’s actions, the assault gets categorized and punished differently.
Assault is typically a misdemeanor offense. When an assault gets combined with criminal violence and an intent to harm an individual it becomes a felony.
Simple assault is the base level of the different kinds of assault. With simple assault, a weapon is not utilized and the victim’s injuries are relatively minor. This is a lesser degree of assault and is classified as a misdemeanor offense.
All it takes for a crime to be classified as simple assault is the threat and fear of violence or serious injury. If you feel fear of immediate danger or injury then you are the victim of an assault and should look into a simple assault lawsuit.
Felony assault is categorized as an attempted attack on the victim. It can also be an actual attack that causes physical injury to the victim because of physical violence or force.
This type of assault sometimes involves the use of a weapon and is considered a felony assault regardless of if the victim suffers from an injury or physical pain.
A perpetrator can also commit felony assault without the use of a weapon. If the victim suffers serious injury from the result of fists, hands, or feet then it falls under felony assault.
Assault and battery is a great example of felony battery. Assault and battery is a case of assault where physical contact is made that results in bodily harm to the victim and requires medical attention.
When bodily harm of a grievous nature occurs due to assault, it is classified as a physical assault. Physical assault occurs prior to the commission of a murder or aggravated assault.
Sexual assault is another form of criminal assault, and it involves the use of force against the victim’s will. Rape is a common form of sexual assault and it comprises sexual penetration without the victim’s consent.
A husband can be found guilty of sexual assault or rape if he touches his wife or forces himself on her without her consent. Improper touching is also considered a form of sexual assault.
Sexual assault carries significantly more serious penalties compared to other forms of assault. In some cases, offenders are sentenced to life in prison. If you have been the victim of sexual assault you should hire a lawyer to help with filing an assault lawsuit.
Aggravated assault is another type of assault and it occurs with the use of a weapon or increased force. The perpetrator has an intent to cause severe bodily injury for it to qualify as aggravated assault.
Using a deadly weapon is also a qualifier for aggravated assault. Common weapons that are used are knives, guns, and bats. The use of a weapon to cause serious or permanent injury to someone is a case of aggravated assault.
Assaulting public officials carries even more serious penalties. People like law enforcement officers, firefighters, judges, or politicians automatically qualify as aggravated assault and a felony charge. This is the case even if the victim sustains minor injuries.
Assault Lawsuit Settlements
If you are the victim of an assault, you qualify to file a civil assault lawsuit against your perpetrator for both compensatory and punitive damages. This Sweet James article does a great job of breaking it down.
Compensatory damages help you with losses of an economic or non-economic nature. Punitive damages are punishments for the perpetrator for the assault that you suffered at their hands.
Medical bills and physical rehabilitation bills are two compensatory damages that you can recover for your injuries that resulted from the assault. For the psychological trauma that you suffer as a result of the assault, you will be able to receive compensation for any counseling or medications that you need.
If the mental and physical injuries that you suffer from as a result of the assault prevent you from working, you are also eligible for financial compensation as a result of lost wages and lost earning ability.
Consequences of Criminal Assault
There is a wide range of outcomes and punishments when it comes to criminal assault and each case is different. On one extreme the perpetrator is facing probation, fines, losing the right to own weapons, and having to enroll in anger management classes.
There are more severe punishments for more severe and heinous crimes. These punishments range from short-term incarceration all the way up to life in prison.
Some factors that will affect the punishment for your assault perpetrator are their criminal history and prior convictions. Previous cases of assault are especially important when determining sentencing and punishment that they will face.
The Importance of Knowing the Types of Assault
If you are the victim of an assault, you should not hesitate when it comes to hiring a lawyer. No one should suffer from assault, and an assault lawyer will help ensure that you’re compensated for damages while also punishing your perpetrator.
Knowing the type of assault that you suffered will help you and your assault lawyer determine the proper steps to take in order for justice to be served.
Browse our site to learn more about the law, as well as legal tips that will help you take the correct steps in order to get the justice and peace of mind that you deserve.