An assault is when one person intentionally threatens to do harm to another. This threat can be conveyed by word or by act. In order for a threat to constitute an assault, the person making such threat must have the capability to carry out said act of violence and must commit some act that creates a reasonable fear in the other person that such violence is likely to actually occur.

An assault is a second-degree misdemeanor. There is no actual "touching" for an assault, as this is very commonly confused with battery. Assault cannot be over the phone, as there is no reasonable fear that something can immediately happen, similarly if the person is in a different state. These phone threats can be stalking or harassment, but not assault. If you are charged with an assault, you may want to seek legal counsel to determine if you have any defenses to such an allegation.

Criminal Defense Against Assault Charges

For more information on how to defend yourself against assault charges, you can contact the attorneys at Schwam-Wilcox & Associates. Call 407-982-2714 or 888-337-5886, or send us an email to schedule a complementary consultation.