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Simple Assault: Felony or Misdemeanor

Simple Assault

Although simple assault is considered a less serious crime, it can still result in penalties that include jail time and fines. In order to understand the potential consequences of a conviction, it is important to first understand the definition of simple assault.

Simple assault is the unlawful attempt or threat to inflict injury on another person. It can be charged as a misdemeanor or felony, depending on the severity of the offense and the defendant‘s criminal history. If you are convicted of simple assault, you could face jail time, fines, and other penalties. Contact an experienced criminal defense attorney for more information.

What is Assault?

Assault is a criminal offense characterized by the intentional putting of another person to fear. Different states and countries have different definitions of assault, but all jurisdictions view it as an intentional act that either harms or threatens to deprive someone else.

If you intend and do something that frightens someone, then even if they are not actually harmed, you can be charged with assault. For example, beating someone until they cry would count as assault because it contributes to their feeling threatened or frightened whether or not you actually harm them physically.

What Can Be Considered as Simple Assault?

simple assault

The least serious kind of assault is simple assault, which is typically classified as a misdemeanor. It implies little or no injury, as well as only an indirect risk of attack. In states where a physical assault is involved, such as pushing someone or slapping them in an altercation, simple assault is the term used.

Threatening to punch someone would be considered a simple assault if the law refers to threatening behavior that puts another person in fear as aggression.

How Is It Decided If It Is a Felony or Misdemeanor?

The legal system has four major classifications for offenses. These are felonies, which are the most serious type of crime and punishable by state prison time; misdemeanors, which may be punished only by county jail time; infractions, which would result in no imprisonment at all; and finally misdemeanors.

Misdemeanors are less severe than felonies but more severe than infractions or misdemeanors. Any offense that doesn’t fit into the other categories is considered a misdemeanor. In the United States, a misdemeanor is a crime that’s mainly punishable by fines and/or imprisonment for less than one year.

If you’re convicted of a “high level” misdemeanor, it can take months or years to get your firearms license reinstated. This means that if your livelihood depends on your ability to carry a firearm then you might want to avoid convictions- even those as benign as hunting violations.

In many cases, these crimes are equivalent to an arrest without additional punishment being given. But this isn’t always the case as there are other forms of penalties as well as punishments set out in each individual state so it can vary from jurisdiction to jurisdiction. Felonies are crimes that are punishable by at least one year in prison.

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