Have you been charged with a common assault? In this article, we will speak about common assault charges and the penalties it may carry. But we must caution you as this article will give a brief overview of this crime of violence; therefore, we recommend if you have been charged to seek legal advice right away with a criminal lawyer who defends people who have been arrested for assault.
This charge is the least severe in assault crimes. In most cases, it may involve minor injuries and a limited threat of violence. In most trials, this type of assault charge can be heard by a judge only without a jury needed. However, in a more severe case, it may be treated as an indictable offense that will need a more formal court process. You can be charged with this crime even if you do not lay a finger on another person where instead, you may threaten to do them physical harm and are reported to the police due to the victim having a sense of fear of physical harm.
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Can I go to jail for a common assault?
A maximum penalty of 5 years imprisonment comes with this crime if the case proceeds as an indictable offense. If the case proceeds as summary conviction, the maximum sentence would be six months in jail with a fine up to $5000.00 in some matters. If this is your first offense, you likely will receive a fine and probation. Again, please consult a criminal lawyer who fights assault charges to review the specifics of your case.
Bobby is walking down a sidewalk carrying a baseball bat. Timothy, walking along the same street in the opposite direction, sees Bobby approaching him. Because of Bobby’s reputation of being a violent person, Timothy immediately becomes fearful that Bobby will swing the bat at him when their paths cross. They walk past each other, and nothing happens. Bobby has not committed any assault. Bobby has a right to carry a baseball bat in public, and Timothy’s fear of being hit was not the result of Bobby’s intentionally threatening behavior. But now assume that, as they draw closer, Bobby draws back his fist and tells Timothy, “You’re going to pay for what I heard you said about me” As Bobby begins to swing his fist in Timothy’s direction, Timothy runs away and is not harmed. Here, Bobby has committed an assault. His intentional conduct placed Timothy’s in reasonable fear of immediate bodily harm.
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If you are looking to speak about your criminal charge and are fearful that you may be convicted and receive jail time, fines and a criminal record due to an assault charge, please contact our Law Firm today for a free no-obligation consultation. Our track record speaks for itself. We will fight vigorously to defend you.
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