Top » Assault a crime
Published by Jane Cooper on 30.09.2009 in and previewed 60 timesAssault is basically a crime. It is a crime which involves threat of violence. Assault can be defined as the threat of violence, but when the violence is carried out it is called battery. One cannot say that assault is there unless and until some harm has been caused to the other person.
In assault there should be intent to intentionally, knowingly or purposely cause harm to the other person. Mere touching comes under assault depending on the situation.
Definition of assault
Assault is defined an intentional or purposeful use of force against a person without the consent of that person causing harm to that person.
Moreover, even attempting to use force or even threatening the use of force amounts to assault.
Types of assaults:
There are basically four types of assault as are mentioned below:
1. Verbal
2. Sexual
3. Physical
4. Family
Defense against the assault charges:
If someone is involved in controversial activity and if some bodily harm is caused, sometimes it does not fall under the definition of assault. Moreover the police man mainly makes the use of force in order to arrest somebody. No doubt that this is a part of their jobs and is their official duty to do so but the policeman should not cross the limits they have degree of latitude when assault is concerned. They should try to make the use of bodily force to the extent that helps them to detain the person not causing unnecessary harm to the body of the arrested person.
Also parents in order to maintain the disciple in the children often use physical contact. It would be not amount to assault if it is with its limit. The parents should see that they try and restrict themselves when it comes to physical contact as if things go too far it may come under assault and they may be charges with child abuse.
Self protection is a good defense. If one is trying to defend himself and if injury is caused to the other person then the person protecting or defending himself cannot be charged with assault.
Penalties for assault:
Penalties differ from person to person and upon the seriousness of assault. If the assault is of serious type the person may face jail for about five years. If a person commits and assault what is done with weapon or even threatens to use that weapon, that person may face about ten years of prison.
Aggravated assault i.e. if the person seriously injuries the other and in sexual assault the person may be sentence to jail for about fourteen years. Both these assaults are considered as serious. In aggravated sexual assault a person who has committed the crime may even face life imprisonment.
If one is residing in Houston then Houston criminal defense lawyer can be engaged who is good at handling assault related matters. Houston criminal defense attorney will try and help one in every possible way.
About Author
Jane Cooper writes for a Houston DWI Attorney. You can find more information on how they meet their client's needs related to Houston criminal defense. Jane also writes about Houston divorce
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