Snider has a right to carry a bottle of soda in public, and Mantle's fear of being hit was not the result of Snyder's intentionally threatening behavior. But now assume that, as they draw closer, Snider draws back his fist and tells Mantle "You're going to pay for stealing my collection of baseball pennants.
Here, Snider has committed an assault. His intentional conduct placed Mantle in reasonable fear of immediate bodily harm. Historically, battery and assault were considered separate crimes, with battery requiring that the aggressor physically strike or offensively touch the victim. In that way, a battery was a "completed" assault.
Many modern statutes don't bother to distinguish between the two crimes, as evidenced by the fact that the phrase "assault and battery" has become as common as "salt and pepper. The criminal laws of many states classify assaults as either simple or aggravated, according to the gravity of the harm that occurs—or is likely to occur if the assaulter follows through and strikes the victim. Aggravated assault is a felony that may involve an assault committed with a weapon or with the intent to commit a serious crime, such as rape.
Some assault laws name the aggravating factor —for example, "assault with a deadly weapon. In the absence of factors such as these, the crime tends to be simple assault, a misdemeanor.
As an alternative to classifying assaults as either simple or aggravated, some states recognize the different levels of harm that they can cause by classifying them as first most serious , second, or third degree less serious assaults. Aggravated Assault Case Example 1: Alyssa is walking alone late at night when a man suddenly jumps in front of her and drags her into the bushes.
The man strikes her a couple times and begins to rip at her clothes. Fortunately, Alyssa strikes the attacker with a rock and runs away to safety. The attacker is guilty of aggravated assault because the circumstances indicate that he assaulted Alyssa with the intent of raping her. Aggravated Assault Case Example 2: A male nurse in a nursing home facility fondles an elderly female patient. The nurse may be convicted of aggravated assault in states that have enacted special statutes to protect elderly or mentally ill patients against violence by caregivers.
According to an ancient children's ditty, "Sticks and stones may break my bones but words will never harm me. The general policy against punishing people for naked threats recognizes that in the heat of the moment, people often make threats they have no intention of carrying out.
To get an idea of what a statute on assault looks like, take a look at this excerpt from Mississippi Code Section , which defines the crime of simple assault. As you'll see, simple assault in Mississippi encompasses both acts that cause actual bodily injury and acts that cause fear of imminent serious bodily harm.
To learn more about assault and battery, and for information about the law your state, see our Assault and Battery section. If you've been arrested or charged with a crime, consult an experienced criminal defense attorney. A knowledgeable lawyer will be able to fully explain the law in your state and advise you of your options. Judges don't have flexibility on this issue—they must dismiss the case.
Let's say the prosecutor files the charges or the grand jury issues an indictment. The suspect—now defendant—will appear before the judge for a hearing to be notified of the charges being filed and the right to an attorney. If the defendant can't afford an attorney, the judge might appoint a public defender. The judge will also evaluate the prosecutor's charges and make a neutral decision on whether the evidence supports the charges.
If bail issues remain, the defendant might argue for a lower bail amount or to be released on the promise to appear O. At this point, the court will likely set future court dates for pretrial motions and hearings. You can learn more about these hearings and the criminal justice process on our Criminal Law page. If you've been arrested or have been charged with a crime, contact a criminal defense attorney as soon as possible.
The criminal justice system is complex and daunting. A lawyer can help you navigate the system, protect your rights, and argue for the best outcome in your case. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Lawyer Directory. Call us at 1 Being charged with a crime is serious.
Read about how charging decisions are made, by whom, and what happens next. Who Decides to Press Charges? Prosecutors Press Criminal Charges; Not Victims Victims play an important role in the charging process, often providing key evidence and testimony.
Crime Impacts the Public Crimes affect more than individual victims; they impact the community as a whole—its sense of safety and well-being. Prosecutors' Responsibilities and Ethical Duties Prosecutors have an ethical duty to see that justice is done—which doesn't necessarily mean winning a case. Accountability and Impartiality Criminal charges carry serious consequences.
Case Goes to the Prosecutor's Desk At this point, the police usually bring the evidence to the prosecutor, who will determine whether to press file criminal charges against the suspect. Prosecutor's Considerations As discussed above, before filing the criminal complaint, the prosecutor must evaluate the strength of the case, including the sufficiency of the evidence and expected cooperation from victims and witnesses.
A prosecutor will have an easier time building and proving a case to a jury if the victim cooperates. As noted above, the victim's expected level of cooperation factors into a prosecutor's decision, but that doesn't mean the victim's cooperation always makes or breaks a case.
A victim's fear or reluctance to cooperate might increase the importance of prosecuting the suspect for instance, in domestic violence cases. A prosecutor can always subpoena a victim, but forcing a victim to take the stand and testify can backfire. Please log in with your username or email to continue.
No account yet? Create an account. Edit this Article. We use cookies to make wikiHow great. By using our site, you agree to our cookie policy. Cookie Settings. Learn why people trust wikiHow. Download Article Explore this Article parts. Tips and Warnings. Related Articles. Article Summary. Co-authored by Clinton M. Part 1. Gather potential witnesses.
If the assault took place in the presence of witnesses, contact those witnesses as soon as possible after the assault. It is important to do this as soon as possible after the assault so that it is easier to track down the witnesses and so that the incident is fresh in their memories. Write down the details of the assault. To press charges against your assailant, you will need to visit your local police department, particularly in those situations in which police officers were not called or did not arrive at the scene of the crime.
The police will ask you for this information, and it will be easier to recall this information if you have it written down. Visit your local police department. Once you have written down the information necessary to press charges against your assailant, visit your local police department to report the assault.
Call the police if unable to visit. It may be the case that you are unable to visit your local police department. This may be, for example, because you are afraid of running into your assailant. If so, call the police, explain the incident, and tell them why you are unable to visit the police station yourself. The police should then send an officer to your home who will help you file an assault report.
Provide the police with the relevant information. When you visit your local police department, the police officer in charge of your case will file an assault report. To file this report, the officer will require from you information about the assault and the assailant.
Try to recall as much as possible about the assault. It may be the case that you do not recall all of the necessary information required by the police to identify your assailant. If this is the case, the police officer in charge of your case will likely ask you to describe your assailant in as much detail as possible.
Part 2. Collect a copy of the assault report. Once the police officer in charge of your case obtains all of the information needed to file a report, you will be issued a copy of the assault report.
Keep this report in a safe place. Wait for further information about your case. The prosecutor will, at that point, look at the report and determine if there is sufficient evidence to prosecute the assailant.
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