There are several different kinds of assault. Simple assault is an act that would probably result in the application of force to a person. It must be a willful act, not accidental. The person committing the assault has to have the apparent ability to apply force in that situation. It is not necessary that the individual intended to use force against someone when they acted. No one needs to be injured by the individuals act. Simple assault is usually filed in conjunction with battery charges. These cases arise in many different situations. Sometimes they involve bar fights or other fights between individuals where no weapon is used. Self defense or the defense of someone else are defenses to assault.
Simple assault is a misdemeanor. The maximum punishment for Assault is 6 months in the county jail and a $1000 fine.
If an assault is committed against a police officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, code enforcement officer or animal control officer in the performance of his or her duties the maximum punishment is 1 year in the county jail and a fine of $2000.
An experienced criminal defense attorney will suggest many ways to approach assault charges. One of these approaches might be to have the individual who is charged with assault attend anger management classes. After completion of these classes, the district attorney’s office might be more likely to either reduce the charges or dismiss the case. If alcohol is involved, AA meetings might be in order. If drugs are involved, NA meetings or some form of drug rehabilitation might be recommended. Any or all of these things could be helpful in the resolution of an assault case.
Ms. Bass has handled many of these cases over the years and in many cases the district attorney’s office either reduced the charges or dismissed the cases.