What Happens When Assault Charges Are Filed?
Once police or a victim reports an assault, prosecutors decide whether to file charges; the victim cannot simply drop them. Simple assault is usually a misdemeanor, while aggravated assault involving a weapon, serious injury or a protected victim is typically a felony. Expect an arraignment, possible no-contact orders as bail conditions, and a case resolved by dismissal, plea or trial.
"Assault" covers a wide range of conduct, from a threat or a shove to a serious attack. What happens after charges are filed depends on how the incident is classified.
Assault vs. battery
Traditionally, assault is an act that causes a reasonable fear of imminent harmful contact, and battery is the harmful or offensive contact itself (Cornell LII). Many states now use "assault" for both.
Who decides to charge
Pressing charges is not really up to the victim. The victim reports, police investigate, and the prosecutor decides whether to file charges. A victim's wish to drop the case matters, but prosecutors can proceed without the victim's cooperation, especially in domestic cases. See domestic violence arrests.
Levels of assault
| Type | Typical features | Usual classification |
|---|---|---|
| Simple assault | Minor or no injury, threats, pushing | Misdemeanor |
| Aggravated assault | Weapon, serious bodily injury, intent to commit another serious crime | Felony |
| Assault on protected persons | Police, health care workers, teachers, elderly victims | Often enhanced |
What happens next
- Arrest or citation and booking.
- First appearance and bail. Release conditions often include a no-contact order with the alleged victim. Violating it is a separate crime.
- Arraignment and a not-guilty plea.
- Investigation and discovery: police reports, medical records, video, witness statements.
- Resolution: dismissal, diversion (for some first offenses), a plea to a lesser charge, or trial.
Possible penalties
- Misdemeanor: fines, probation, anger management, community service, and up to about a year in jail in many states.
- Felony: prison terms that rise with the severity of injury and use of a weapon.
- Restitution for the victim's medical costs.
- A conviction for a violent offense can affect employment, professional licenses, gun rights and immigration status.
Common defenses
- Self-defense or defense of others: reasonable force used to prevent imminent harm (Cornell LII)
- Mistaken identity or false accusation
- Lack of intent, or that the contact was accidental or consensual (as in sports)
- Insufficient evidence
What to do
Do not contact the alleged victim, even to apologize, if there is any no-contact order. Save evidence that supports your account, such as messages, photos of your own injuries and witness names. Talk to a criminal defense lawyer before speaking with police. See also felony vs. misdemeanor.
Sources
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This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Laws differ by state and change over time; talk to a licensed attorney in your state about your situation.