In the heat of an argument, pushing someone may seem minor. Yet, in certain circumstances, this act could lead to assault charges. The definition of assault varies by state, and understanding how it applies to actions like pushing is key to preparing a solid defense. Contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation from an attorney.
How States Define Assault: Beyond Physical Contact
Each state has its own definitions for assault, and in many cases, physical contact isn’t required for an assault charge. In some states, simply acting in a way that instills reasonable fear of harm in another person can constitute assault. Actions like throwing an object or even making threatening gestures can qualify, depending on the context.
However, certain states require physical contact to classify an act as assault, meaning that a push could indeed meet the criteria for this charge. In these states, the offense can be escalated to battery if physical force was involved.
Assault Versus Battery: How the Terms Differ
While some states distinguish between assault and battery, others combine them into a single charge. Here’s how the terms differ where they are distinct:
- Assault: Often defined as any action that creates a reasonable fear of harm, even if there’s no physical contact.
- Battery: Involves unwanted physical contact intended to harm or provoke.
In states where assault laws don’t require physical contact, actions like lunging, yelling, or threatening gestures can lead to assault charges. Battery, in contrast, directly involves unwanted or offensive contact.
States That Combine Assault and Battery into a Single Offense
In many states, assault and battery are combined, with laws treating any offensive touching as assault. For example, in Arizona, assault can be charged if someone knowingly or recklessly causes injury, instills reasonable fear of harm, or makes any contact intended to provoke or offend.
In these jurisdictions, pushing someone would generally meet the criteria for assault, as it involves direct physical contact intended to provoke or harm.
Differences Between Simple Assault and Aggravated Assault
Most states classify assault into two main categories: simple and aggravated.
- Simple Assault: Generally involves minor physical contact or attempts to instill fear without significant injury. This is often a misdemeanor with penalties like fines or short jail terms.
- Aggravated Assault: This is a more severe offense, often involving factors like the use of a weapon, intent to commit another crime, or assault on a protected individual, such as a law enforcement officer. Aggravated assault is typically charged as a felony, carrying penalties like prison time and significant fines.
Understanding these classifications can clarify what level of charges you might face if accused of assault after pushing someone.
Why Hiring a Criminal Defense Attorney is Essential
If you’re facing assault charges, hiring a defense attorney is crucial to protecting your rights. A skilled attorney can help in multiple ways:
- Securing Release: They can advocate for your release from custody and work to avoid bail where possible.
- Negotiating with Prosecutors: In many cases, a defense attorney can work with the prosecution to reach a fair plea agreement.
- Building a Strong Defense: An experienced attorney will evaluate the facts of your case and may argue that the alleged victim’s fear was unreasonable, you acted in self-defense, or you were wrongly accused.
Whether facing a misdemeanor or felony assault charge, having a defense attorney’s support can make a significant difference in the outcome of your case. Contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.