Types of DC Simple Assault Offenses

If you require legal assistance regarding the different types of DC simple assault offenses, reach out to an experienced DC criminal defense attorney who can offer you counsel on how to craft your exert defense strategy. Read on to learn more about the different types of DC simple assault offenses, as well as how a professional DC simple assault attorney can make a difference for you.

Categorizations of Misdemeanor Assault

There are three different types of misdemeanor simple assault. These types of DC simple assault offenses are not charged as separate offenses, but they are different classifications of simple assault, all three of which would be prosecuted as a simple assault charge.

Attempted Battery Assault

The most common type of simple assault is an attempted battery assault. This is what most individuals commonly think of when considering an assault charge. This situation involves the attempt one individual hitting another with intent to harm them. However, a common misconception regarding this situation is that an attempted battery assault requires actual physical contact between two individuals as well as an observable injury. Neither of these is a requirement in an attempted battery assault. Even an attempt to assault someone that does not result in actual physical contact between the two can still be prosecuted as a simple assault.

Intent to Frighten Assault

An intent to frighten assault is a type of simple assault charge involving a situation where an individual might raise their fists at another in order to make the other individual believe that they are about to be hit. Even if the defendant had no intention or did not attempt to actually strike or injure the other person, the action of raising one’s fists in order to make the other individual believe that they are about to be hit can be another way that a prosecutor might prove a simple assault case.

Non-Violent Sexual Touching Assault

The third type of simple assault is non-violent sexual touching. Unlike a sexual abuse charge, a non-violent sexual touching does not require the prosecutors to prove that the defendant had the specific intent to humiliate the other individual or sexually gratify their self. The act of touching a part of another’s body that would cause an individual of reasonable sensibility to feel fear, shame, humiliation, or mental anguish carried out against their consent can be deemed a non-violent sexual touching. The prosecutors do not need to prove that the defendant actually had the intent to cause such shame, humiliation, or mental anguish in this situation.

Bench Trial Simple Assault Cases

Under DC procedural rules, not every person facing a criminal charge is entitled to have their case heard by a jury. Someone who would be facing a single case with a single count of simple assault would not be eligible for a jury trial because that count would be carrying 180 days or less in jail. This would make their trial a bench trial, meaning it would be a trial heard by a judge who would ultimately decide, after hearing the evidence, whether the prosecutors have met their burden of proving the defendant guilty beyond a reasonable doubt.

Jury Trials for Simple Assault Cases

In the event that an individual in a single case is facing multiple charges of a simple assault, if those charges combine to carry a maximum penalty of more than two years, then the defendant would be entitled to have their entire case heard by a jury of 12 people. DC rules also state that an individual is entitled to a jury trial if any one of the charges the defendant is facing carries a maximum possible penalty of more than 180 days in jail.

If you are facing charges for any of these types of DC simple assault offenses, reach out to a dedicated DC simple assault attorney today in order to gain an aggressive advocate for your innocence.