Online Lawyers

Assault Lawyer

By David Boon NA

An assault lawyer handles criminal and/or civil assault cases. The criminal assault lawyer (also a criminal defense lawyer) defends someone charged with criminal assault. The civil assault lawyer (also a personal injury lawyer) represents the victim of an assault and battery to recover damages for physical injuries resulting from the crime.

An assault lawyer handles criminal and/or civil assault cases. The criminal assault lawyer (also a criminal defense lawyer) defends someone charged with criminal assault. The civil assault lawyer (also a personal injury lawyer) represents the victim of an assault and battery to recover damages for physical injuries resulting from the crime.

What is assault?

While assault and battery are often spoken in one breath and charged at the same time, they are two separate criminal acts. Assault is loosely defined as an unlawful, intentional attempt to injure someone physically. Practically speaking, it includes both successful and failed attempts at battery, assuming that the threatened party knew that a legitimate threat existed. For example, threatening someone with a water balloon doesn't constitute assault unless the contents of the water balloon could impose actual harm and the intended victim was aware of the contents at the time of the assault.

Assaults fall into several categories, such as sexual assault, which includes child molestation, and domestic assault. The law classifies some verbal threats as assault. If the assault takes place during the commission of another crime, such as robbery, the charge is aggravated assault. Assault may be classified as a misdemeanor or a felony, depending on the severity of the alleged act, and these classifications vary by state.