Assault, Variations, and Defenses
Assault occurs when one:
• Intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse;
• Intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse;
• Intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.
The level of the charge in an assault depends on whom the assault was alleged against, the type of assault that was alleged, and whether you have been charged with any prior assaults.
An assault causing bodily injury is generally a misdemeanor. However, if it is against a family member (even a girlfriend is considered a family member for this statute), then it is considered family violence.
Family Violence cases are even more serious than some other assault charges for a couple of reasons:
• They are stackable offenses, meaning that your first one is a misdemeanor and your second one is a felony.
• A finding of Family Violence will result in the loss of your ability to carry firearms.
• A finding of Family Violence could result in the loss of custody of your children.
Aggravated Assault is the same definition as above, but also includes the exhibition or use of a deadly weapon.