When someone hits or shoves you – or even threatens to do so – they can be charged with assault. The law in some states also classifies assaults as simple or aggravated, depending on the severity of any actual physical harm that occurs or is likely to result.
A criminal assault can be a scary thing, especially if it involves a weapon. This is because it can carry a jail sentence of up to five years. In general, the prosecutor must prove that the defendant committed an overt act and that the victim reasonably feared immediate harm in order to convict you of the offence. You and your attorney can challenge witness testimony and evidence to create doubt in the jury’s mind that you actually committed an assault.
The penalties for an assault depend on the type of assault and your criminal record. A first-time offender might receive probation and community service requirements instead of a jail sentence. They might have to attend anger management or substance abuse counselling programs and pay the victim for any medical or counseling expenses, known as restitution.
If an assault happens to a police officer, prison guard, custody officer, fire service worker or paramedic then the defendant could be charged with a more serious offence called reckless conduct or assault by means of a dangerous weapon. These offences generally carry high jail sentences and large fines. They’re even more serious if the attacker is a repeat offender or has a history of violence.