Assault is a crime that can have serious consequences. If you are convicted of assault, it will likely appear on your criminal record and could interfere with your future job prospects and housing options. A felony conviction for assault could also result in prison time and substantial fines.
As a general rule, to commit assault it is necessary for the defendant to cause another person to feel fear of immediate harm. This is sometimes called “menacing.” It doesn’t matter if there is no actual physical contact; it is enough to make the victim believe that he or she will be harmed. In some states, a threat of violence without the intention to inflict harm can be considered aggravated assault.
Battery and assault are often paired together but the two crimes are different from one another. Battery involves actual contact, whereas assault requires a victim to fear that he or she will be harmed. Whether an assault is charged as a misdemeanor or a felony depends on the jurisdiction, the severity of the injury and other factors such as the use of a deadly weapon or the victim’s status as a police officer, judge or social worker.
The law differs by state, but in New Hampshire an assault charge can be a misdemeanor or felony depending on the severity of the attack and the circumstances. A Portsmouth, New Hampshire assault lawyer from Wiberg Law Office, PLLC can help you understand the charges, build a strong defense and protect your rights.