Assault

Simple assault, often arising from physical altercations in public spaces, is a prevalent misdemeanor charge in DC. Assault on law enforcement officers and making threats of bodily harm fall under misdemeanor assault offenses. This is the most common assault offense.

It carries a max penalty of 180 days in jail and/or a $1000 fine.

Generally speaking, no. In most cases a simple assault case is tried before a judge and not a jury. There are circumstances which could change this and may allow for a trial before a judge. One example that gives rise to this is when immigration matters are at stake. An experienced assault lawyer will know whether your case will be tried before a judge or jury.

Assault on a police officer is similar to simple assault charges and is a misdemeanor offense in DC. To prove this crime, the government needs to show the victim is a police officer. If convicted, the punishment could be up to 6 months in jail or a $1,000 fine.

The defendant can request a jury trial, but the prosecutors might change the charge to simple assault to avoid a jury trial for the defendant.

Acts of verbal intimidation that imply bodily harm constitute a criminal offense akin to assault and are categorized as misdemeanors within the District of Columbia jurisdiction. The prosecution is tasked with demonstrating that the accused communicated statements to another individual, inducing a reasonable belief in the recipient that the threatened harm would transpire. Furthermore, it must be established that the defendant intended to articulate the words spoken. If the words are spoken in such a way that it would cause a reasonable person to be put in fear of being kidnapped, seriously injured, or having their property damaged, then this charge may be prosecuted as a felony.

Conviction under this charge can result in a maximum imprisonment term of six months and/or a fine up to $1000.However, if the matter is tried as a felony. A person may be sentenced up to 20 years and/or a $5000 fine.

Generally speaking, a misdemeanor threats matter is tried before a judge, not a jury, except in certain circumstances. For instance, if you are not a U.S. citizen and a conviction could trigger removal from the United States, you would be entitled to a jury trial.

In DC, another common assault offense is felony assault or assault resulting in serious bodily harm. While it resembles simple assault, this offense requires the victim to experience what’s legally termed as a “significant bodily injury.”

Precedents from assault and battery cases in the District of Columbia Court of Appeals have established a high standard for identifying significant bodily injury. Usually, the injury must necessitate medical attention, meaning that mere bruises, bumps, and scrapes may not suffice.

Assault resulting in significant bodily harm can lead to a maximum penalty of three years’ imprisonment and/or a fine of $12,500.

In Washington, DC, assault with a deadly weapon is another felony assault charge that shares similarities with simple assault. However, it has an additional requirement: the government must prove that the defendant used a dangerous weapon during the offense.

A dangerous weapon is any object that is capable of causing serious bodily injury. More specific, any object or device that can cause death or serious bodily injury. Classic examples: A firearm, knife, a brick, etc.

This felony carries a maximum penalty of 10 years in prison and/or a fine of $25,000.00.

Assault with a deadly weapon can have serious consequences. Contact us today for a free consultation to discuss your case.

Felony threats are a serious offense. Like misdemeanor threats, they need the government to prove certain things, but the words used must make the listener fear serious injury or kidnapping.

If convicted, felony threats can lead to a maximum penalty of up to 20 years in prison and/or a $5,000.00 fine.