The Criminal Law Process for Assault Charges

Assault typically occurs when one person attempts to physically injure or threaten another person. Specific legal definitions can vary among states; however, the requirements to have an assault charge are based on two common themes.

Information provided by DallasJustice.com for educational and reference purposes only.

Physical contact is not required for an offense to be considered assault, but there must be a criminal act. In criminal cases, the act is deemed direct or overt. Another requirement is the intent, or purpose, to commit an assault against a person. Assault charges are possible if the person considers an act or actions from another person dangerous.

Types of Assault

Generally, there are three types of assault that can lead to criminal charges. Some state and local jurisdictions broadly define assault charges, which can cover numerous crimes.

Simple assault occurs when the accused attempts to cause bodily harm to another person. Aggravated assault occurs when the accused physically attacks another person, causing serious bodily harm. When sexual assault occurs, the accused commits acts of unwanted sexual contact such as rape, inappropriate touching, obscene telephone calls or child molestation.

Criminal Process When Facing Assault Charges

Generally, the criminal law process for assault charges consists of five to seven steps. Each step may vary depending on the severity of the case, local law and the plea of the accused.

Regardless to jurisdiction, the first step is an arrest by police based on a probable cause that a criminal act was committed. Based on the police report and supporting evidence, the prosecuting attorney determines if an assault actually occurs. If so, assault charges are filed against the accused.

Once charges are filed, a date is set for an arraignment, which is a formal charge against the accused in a criminal court. The accused, or defendant, makes his or her first appearance in court to enter a plea. Typically, the judge set bail for the defendant during the arraignment.

During the preliminary hearing, the judge considers evidence from the prosecuting and defense attorneys. The judge decides if the evidence is sufficient enough to support the charges.

The pre-trial conference gives the prosecutor and defense an opportunity to discuss the case. If there is strong evidence against the defendant, the attorneys might discuss a plea bargain. When the defense attorney has evidence that could prove the defendant’s innocence, the prosecutor might reduce or agree to drop the charges.

If an amicable agreement is not reached during the pre-trial conference, the case moves to a jury trial. The defendant is sentenced when the jury issues a guilty verdict. With a not guilty verdict, the defendant is free and cannot receive further prosecution for the same offense.

The information proved is not intended to substitute advice from a legal expert. Anyone who is a victim of assault or has been charged with a crime should consult with local authorities.