Simple assault is very common but serious mischief. If someone does this and the victim wants to give him or her punishment surely, he or she will be punished because the law against this assault is stringent. There have different types of punishment you will get if you are the convicted person.
Anyways, as it is a prevalent crime, it is a frequently asked question that what is the penalty for simple assault. In this article, you will meet a detailed discussion about it, and we hope that this article will be very beneficial to you.
Contents
What is Simple Assault?
Simple assault is a clear intention of committing an assault against another person. Basically, the simple assault is an attempt to serious physical harm to another person. There are different types of assault. In some cases, you don’t have to be in contact with another person to assault.
Here we are giving you two situations of simple assault. These are as follows:
Failed battery attempt:
Failed battery attempt means like you are attempting to harm another person physically. If we want to be more explicit, then we have to say that it’s just an attempt. Ultimately can’t contact with another person’s body.
Threatening act:
Another situation of simple assault is to threaten another person. Simply it is putting someone in fear of harmful contact.
These are the two situations of simple assault. Hopefully, now you have a clear concept about the simple assault.
What is the punishment for simple assault?
Though the simple assault is not severe much crime in the United States, that doesn’t mean that the punishment of simple assault is less. We are showing you the punishments by dividing into two sections. These are as follows:
Imprisonment:
If you an accused of simple assault, you have to be up to six months in jail.
Fine:
Here, the maximum fine will be 1000 dollars.
If you are accused of simple assault, you have to take one of these punishments and in some cases both. If you do this crime, your name will be enlisted, and you will face some difficulties in case of getting jobs, securing housing and doing many other things. You will not be able to eligible for specific academic opportunities.
Possible Defenses to a Simple Assault Charge
When you are facing a simple assault charge, definitely it is frightening. However, there have some possible defences to the simple assault charge. At the same time, there also have some holes in the prosecution.
Well, we are giving you some possible defences to a simple assault case. These are as follows:
Self-defence:
First, the possible defence you can try is, saying that someone is trapping you or you can start with saying that, “you have got the wrong person, that wasn’t me.” A defendant can claim self and some other person’s defence. At that time, you have to give them some pieces of evidence.
Alibi:
The second possible thing is to prove that you weren’t at that place at that time. If you can prove that you were somewhere else at that time, you will easily be discharged from the case. So, you can use alibi to get released from these types of cases.
Statute of limitations:
Another important defence is the statute of limitations. It means there has a specific time of filing the case against assaulter. Someone has to file his case within that period. If the time is over, it’s a big chance for you to release from these types of the simple assault case.
Mainly these were the possible defence to a simple assault case. We hope that you can try one of them in your case for releasing from it.
How to win a simple assault case?
If you want to win a simple assault case, you have to maintain some important things. You must give some pieces of evidence to the prosecutor or a district attorney.
Here are some important things you have to prove to win the case. These are as follows:
- You have to prove that the defendant intentionally did this assault, and that caused physical harm to the victim to win the case.
- Then you have to prove that the defendant appeared to have that ability to threaten or he took some action.
- Next, you have to prove that the threat gave you fear and you are physically and mentally affected by it to prove yourself right and win the case.
- Lastly, you have to prove that the defendant was the person who threatened or attempted to the victim so that the court can be sure the defendant was the person who assaulted.
Mainly these are things you have to do when you want to win the simple assault case. It would help if you were very strict and careful about the assaulter. Otherwise, you will not be able to give him, her or them enough punishment. Then they will get more strength for doing then assault again. So, you have to make sure that the assaulter is punished.
Final words
The punishment of simple assault is not as simple as it seems. You will be punished by imprisonment as well as fine. Here the big thing is your reputation, and your name can be enlisted for a lifetime in the police file.
In this article, we have discussed what the punishment for simple assault in details. We hope that this article will help you a lot to increase your consciousness about the assault.
Always try to avoid this type of things because you will always make the wrong decisions when you are angry. That is why Genghis Khan said, “An action committed in anger is an action doomed to failure”.
