A Criminal Defense Attorney Near Grapevine Discusses Assault Charges

Most people do not realize that they may be found guilty of committing an assault without ever even touching another person. In other cases, people may find themselves in need of a criminal defense attorney near Grapevine. If that statement is boggling to the mind, it is important to consider that under criminal law, assault is a separate charge from a battery charge.

ASSAULT IS AN INDEPENDENT CHARGE

Typically, assault and battery are listed together. This is due to the fact that assault usually precedes battery. However, assault is a separate charge from a battery charge and is generally defined as attempted battery. Another way to assault is “the intentional creation of a reasonable apprehension of harm.” In other words, a simple threat that one can follow up on will charge a person with assault and require the need for a defense attorney.

INTENTIONAL 

In order to prove an assault, the defendant needs to act intentionally to scare or threaten the other person. This leads the other person to believe that harm to their personal property is imminent. If the plaintiff believes that the defendant actually intends to follow through on an intentional threat, then the law will charge the defendant with assault.

Thus, the defendant will find themselves in need of a criminal defense attorney near Grapevine.  If, however, the threatening act was accidental or unintentional, it does not count as an assault and the defendant cannot be charged as such.

REASONABLE APPREHENSION 

Reasonable apprehension means that the victim, or plaintiff, perceives that there is a harm or threat of harm toward them.  If a verbal threat creates a reasonable apprehension in the victim, then the defendant is guilty of assault and can be charged as such.

If the victim was unaware of the threat, then the court cannot charge the defendant with assault. Simply hearing about a threat made by someone is not sufficient to press charges of assault, and would be easily contested by a criminal defense attorney.

HARM 

As with any threat, an assault must include a threat of physical harm. This can include threatening to punch, kick, push or slap someone. It can also include a threat of unwanted, offensive contact such as a sexually suggestive touch or embrace. If any of these kinds of threats occur, the person can be charged with assault.

REASONABLE 

The critical element in an assault charge is whether or not it is reasonable that the defendant could have followed through with the threat. As a criminal defense attorney near Grapevine, it is the job of the attorney to carefully look over the facts and information. After reviewing the facts, then the attorney can determine whether or not the threat could have been carried out.

If there was no possible way for the threat to be executed, the charge of assault is frivolous. Here are a few reasons it can be difficult for some to defend an assault charge:

• If there is a way for the threat to be executed
• If the victim felt reasonable apprehension
• If the threat was made intentionally

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Note: This is for information purposes only and does not constitute legal advice.