An assault generally occurs when an individual strikes another person deliberately or keeps them in fear of imminent death or injury. In some cases, almost any form of physical abuse, even if it’s done by a family member, can be considered an aggravated assault.
But, here’s the question.
How do you define “assault''?” Or, when can you put someone in charge of the same felony? Keep reading to know more regarding the context.
Defining Assault - What’s The Catch?
The legal definition of an assault can be pretty varying and depend on where you’re currently residing.
However, if you’re living in New Jersey, the issue of assault might be defined as -
- The individual has the intention to bodily harm the person. For example, if he or she’s using a knife in a fistfight, it can be considered an assault.
- The wrongdoer is perfectly capable of carrying out the assault. In some states, if an individual doesn’t look well-built enough, they may not be able to commit the crime.
Now, when it comes to assault, the category can be divided into two subcategories. Needless to say, each of them is different from the others. So, it’s always important to know as much as possible, especially if you want to charge someone with a felony.
Now, when it comes to assault, the category can be divided into two subcategories. Needless to say, each of them is different from the others. So, it’s always important to know as much as possible, especially if you want to charge someone with a felony. To all the victims of a crime, getting an expert attorney is the first thing you should do.
Subcategory - 1: Aggravated Assault.
It’s a type of attack, which intends to cause severe bodily harm to another person. It’s usually committed through a deadly weapon and, therefore, might lead to the individual's death too.
An assault can also be classified as aggravated in case the victim was practically vulnerable or didn’t have anything to counter with.
Due to the extent or severity of this crime, it’s usually considered a type of felony. Thus, if someone commits it, they’ll be jailed or given a death sentence in extreme cases.
Subcategory - 2: Simple Assault.
A simple assault is an intentional act of crime that prompts another person to be in the fear of losing their life. In some cases, the failed attempt of an aggravated assault can also be noted as a form of simple assault. However, the punishment, in that case, will be graver than usual.
In any case, a simple assault is generally considered a misdemeanor assault. Hence, if the other person wasn’t too affected, the person might only face a short jail time as punishment.
Is Injury Important To An Assault Report?
No, according to the lawbook of New Jersey, having an injury report isn’t important to filing an assault report. If you can prove that the victim experienced some sort of violent behavior, you can certainly file a crime report against someone who committed it.
Here’s an example of an assault case.
“Phil, a resident of New Jersey, has a history of domestic violence.
Due to his misdemeanor, he has already been arrested more than once by the police for occasionally slapping his wife, Shelly.
One day, while Shelly was cooking, an argument between her and Phil developed. And, due to the same, he got angry and threw a knife, which narrowly missed her.
Although Shelly didn’t suffer any physical injury, she was afraid that Phil was actually going to kill her this time. So, she called the police, and Phil was charged with assault.”
As you can see, Shelly wasn’t bodily harmed at all. But, as Phil had a history, the police had to lock up. After all, the risk of Shelly losing her life was pretty high in this case.
Apart from this, some other examples of a felonious assault might include -
- Attempted murder or committing a murder.
- Striking a child or an elderly individual.
- Involuntary or voluntary manslaughter.
- Attempted or committed sexual assault.
Depending on where you’re living, there might be some other subcategories of assault too. Thus, before you make a move in this regard, don’t forget to talk to an attorney and enquire about your opportunities.
The Bottom Line!
In the case of a felony, you, as the victim, will have the right to present an impact statement. It’ll be confidential as a whole and only the judge can review it. The statement will talk about the effect and extent of the crime on you and someone you love or care about.
In addition, you’ll also need to explain the extent of the brutality of the crime and how it affected you financially, physically, and emotionally. Hopefully, it’ll all work out perfectly.