When assault occurs without aggravating factors, such as serious injury or using a weapon, the case can be considered misdemeanor simple assault. If you have been accused of simple assault, contact an experienced assault attorney as soon as possible. Even simple assault charges can result in serious penalties, but a Midland simple assault lawyer could help defend you.
Examples of Simple Assault
Simple assault could occur if someone punched another person that they thought was a friend, but it is actually a case of mistaken identity. If it is just a punch, with no serious bodily injury, sometimes that can be considered a simple assault with no aggravating factors associated with it.
Another example of simple assault could be an individual who was asking people if they want to fight, putting up their fists and looking like they are about to attack. That would make most people fear that they are about to be attacked. If the individual does hit the person, that will bring it into the case into the assault category or simple assault.
Simple Assault Trial Format
Simple assault cases can be heard in county, municipal, justice, or peace court. Simple assault cases may be bench trials or jury trials. If the defendant and their Midland simple assault lawyer think a bench trial is best, they can decide to have their case heard in front of a judge only. If they feel that their case might be better heard in front of peers, they might choose a jury trial.
Penalties for Simple Assault
Simple assault can be anywhere from a Class C to a Class A misdemeanor, depending on the circumstances surrounding it. If an individual makes a threat but does not make contact with another person, that would be a Class C misdemeanor.
If an individual intentionally, knowingly, or recklessly causes bodily injury to another person, such as giving someone a black eye, that could be a Class A misdemeanor.
The minimum and maximum penalties depend on the degree of assault. For Class C assault, an individual is just looking at a $500 fine. Someone convicted of Class C assault will not face jail time because the municipal courts or even sometimes the adjusters of the peace court – depending on locality of where it happened – typically handle these cases.
For Class A misdemeanors, an individual is looking at up to a year in county jail and a $4,000 fine. If an individual is found guilty, it could be either one or the other or both.
How a Midland Assault Attorney Can Help
Individuals facing simple assault charges should be concerned even if they are only facing misdemeanor charges. If an individual has a prior conviction on their record, any future offenses could have more serious consequences. Sometimes, an attorney’s job is making sure an individual’s record stays clean. Assault does not sound good, and employers may not want to hire someone with a criminal record.
Even if you think your charge is relatively minor, you should consider consulting with an experienced Midland simple assault lawyer. Defense attorneys have extensive experience helping individuals facing assault charges, and they could help you come up with the best possible defense.