The term “assault” is used to describe a variety of scenarios. Unfortunately, this can cause confusion when determining whether or not an assault has been committed. In general, assault extends to acts that threaten or produce physical harm. But where do you draw the line? Below, a Brockport, NY, attorney from Larry R. Koss Law Firm sheds some light on the topic.

What Is Assault?

Assault is defined differently depending on the state in which it occurs. In New York, the requirement for an assault conviction is often a sustained physical injury. The use of weapons, mental culpability, and the extent of the injury all play into the degree of the defendant’s defense. Regardless of the type of assault charges you may be facing, consulting with a competent defense attorney is always in your best interest.

Intent

Intent to cause physical harm can also play a role. As such, an assault charge can be brought against someone who caused no physical harm but intended to do so. In these cases, the prosecution is tasked with proving intent to cause physical injury beyond a reasonable doubt. Examples of intended assault may include waving a fist, swinging a baseball bat, or pointing a gun—whether loaded or not.

However, not all threats constitute assault. A verbal threat of physical harm in the future, for example, does not fall under the category of assault—nor does aiming a firearm at an individual who is unaware that the threat is taking place.

Aggravated Assault

Assault is deemed “aggravated” when an individual commits assault with the intent of causing physical harm. This type of assault is generally committed with the use of a weapon such as a knife or firearm. Aggravated assault charges may also be brought in New York cases involving an assailant 18 years or older who has a previous assault conviction and who inflicts harm on an individual less than 11 years of age.

Nobody should navigate the legal system alone. Whether you require the aid of a seasoned assault lawyer, DWI defense attorney, or criminal defense lawyer, Larry R. Koss Law Firm is the place to call. Backed by more than 40 years of legal experience, you can depend on this team for the personalized, focused, and aggressive representation you need to protect your rights and freedoms. Free consultations and same-day appointments are available. Connect with the firm on Facebook or call (585) 637-3961 to speak with an attorney directly.