If someone tries to inflict injury on you and you are hurt as a result, an assault has taken place. Physical contact is not a necessary part of an assault case; all that is required is the immediate threat of offensive contact or violence.
If Someone Threatens me, is it Assault?
In most cases, a person cannot be charged with assault if they only threaten you with words. However, there are some circumstances where those threats, combined with other actions and factors, can constitute an assault charge.
Examples of Circumstances and Actions Amounting to Assault
If the other person commits any of these actions in addition to verbally threatening you, they may have committed an assault:
* Holding a knife and running toward you, or brandishing it at you
* Waving a baseball bat hostilely toward you
* Pointing a gun at you
* Shaking their fist in your face, or punching/hitting/smashing things as a form of intimidation
If I Think I can get Away, can an Assault Still Take Place?
In most instances, it doesn’t matter whether you have the ability to prevent yourself from being harmed or not. Once you perceive that there is an immediate threat to your health or safety, or that you face offensive or violent contact, an assault has taken place.
Is it Assault if the act was Committed as a Joke?
The answer to that question is an unequivocal yes. An assault is possible, even if the act was committed without malice, or was done ‘in good fun’. Violent intent is an important part of many cases, but is not necessary to prove that an assault has taken place.
For Victims of Battery or Assault
If you become the victim of an assault or a battery, you should call your local police right away. If enough evidence is present, the police will forward the case to your area’s District Attorney, and the person responsible for the assault will be prosecuted. In most battery or assault cases, you will also want to hire Criminal Lawyers in Delaware County to protect your interests and ensure that the person responsible does not harm you again. Click here for more information.
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