January 24, 2022

What Is Considered Assault?

The meaning of assault varies by state law but is generally known as knowingly making another person feel they are in immediate danger through one’s actions or words. That means you have been threatened through words or action even if no physical damage is done.

If you or your loved ones have been victims of assault, you must feel quite offended. No one has the right to attack you like that, and to seek justice, our firm is right there to guide you through the process and help fight for you.

Court Process for Assault Cases

This is how most assault cases go:

  • It must be proved that the defendant wanted to create a mind of fear in the victim.
  • Next, the prosecutor must prove that the victim believed that they would be harmed or offended by the defendant’s actions. In other words, the victim must be able to prove that they were aware of the defendant’s potential to harm or offend them.
  • The victim’s belief of impending injury must be both understandable and one that feels as if there will be physical danger immediately. The belief should not be based on a future act and it must be more than a verbal threat. However, there are some exceptions.
  • The defendant must exhibit a present intention to harm or offend the victim through a physical act.

Sometimes, it can be difficult to prove whether the defendant is guilty or not. The intent is one of the elements that juries and judges spend a lot of time deliberating on. So it is best to have some sort of evidence to prove the intent of the defendant.

Common Types of Assault Charges

A few examples of assault include spitting on the victim, pretending to kick, punch or hit the victim or brandishing a deadly or non-deadly weapon in a manner that makes the victim feel as if they will be hit with the weapon, and pointing a gun at the victim. In the case of pointing a gun, it does not matter whether it was loaded or not, either way, it would be considered assault.

Sometimes assault is also charged with battery. In such a physically violent case, the act which results in the victim apprehending imminent physical harm is known as assault while the act of harming the victim itself is known as battery.

Another type of assault is known as aggravated assault. In aggravated assault, the defendant has injured the victim more severely or has even endangered the victim’s life. Hence the compensation or sentencing of aggravated assault is more severe as well.

Compensation for Assault

If you or your loved one is a victim of assault, then you are eligible for compensation for the assault. You can claim compensation for assault for up to two years after the assault. Each state has a few requirements for compensation but some general rules are the same.

  • Reporting the crime to the law enforcement or specific authorities
  • Cooperating with the law enforcement or specific authorities
  • Submitting a timely request
  • Victim compensation

Call an Assault Lawyer for Your Case

The best course of action in the incident of an assault case is to hire an assault case attorney. You can find several such attorneys who have your best interests in mind at Chicago Trusted Attorneys®. Call us at 312-519-3171 to find the right assault lawyer for you.