Assault is the act of physically or verbally threatening another person with harm. It is often classified as a serious crime and can lead to significant punishments for offenders. Depending on how the offense is defined, prosecuted and defended by a skilled criminal defense attorney, a conviction could result in jail time, probation, community service or other types of penalties.
Many jurisdictions divide assault charges into different categories based on the severity of the crime or the degree to which the victim was injured. For example, a simple assault (or misdemeanor assault) usually involves a threat or a physical act that puts the victim in fear of immediate harm. Raising a fist at someone and threatening to smack them would likely be considered a simple assault, especially if it results in bruising or other minor injuries. An aggravated assault usually means that there was a weapon involved or some other aggravating factor, such as the victim being in a protected class (police officer, paramedic, judge, social worker, etc), or that the attacker had previous violent felony convictions.
Some states also have a fourth-degree assault category, which is similar to third-degree but the attacker doesn’t have to have intent to cause great bodily injury. Additionally, some jurisdictions have specific categories for assaulting members of the military or other public officials. In addition, there are restraining orders that may be issued against offenders in cases of assault. Generally, these include requirements to attend counseling or anger management classes, stay away from the victim and pay restitution.