Different Types of Assault and What They Mean for Your Case

When facing assault charges, you need a solid understanding of the types of assault charges you could be up against.

Assault can range from a simple threat to someone’s physical safety to more severe incidents involving weapons or serious bodily harm. In each case, how the charges are defined, proven, and argued can make a significant difference in the outcome of your case. That’s why having a thorough, prepared, and sophisticated criminal defense lawyer by your side is essential.

Whether you’re facing simple assault or something more serious, the details of the charges matter—this is where a seasoned lawyer from Wiberg Law Office, PLLC of Portsmouth, New Hampshire, comes into play. They’ll help you understand the charges, build a strong defense, and protect your rights. 

What Is Assault?

Before exploring the specifics of the different types of assault, it’s important to clarify what assault actually means. In general, assault refers to the intentional threat or attempt to cause harm to someone else.

In New Hampshire, assault charges can be related to physical harm, the use of a weapon, or even the threat of violence. Importantly, the prosecution doesn’t necessarily have to prove that the alleged victim was physically injured; the mere threat of harm can be enough to justify a charge.

According to a 2019 report from the National Criminal Justice Reference Service (NCJRS), individuals who are represented by a criminal defense lawyer are often more likely to receive reduced sentences or even have their charges dropped compared to those without legal representation.

In New Hampshire, the law treats assault as a crime that can result in various degrees of punishment depending on the severity of the act. Let’s take a look at the most common types of assault charges and what they mean for your case.

Simple Assault

Simple assault is the most basic form of assault charge in New Hampshire. It typically involves intentionally causing bodily harm to another person or creating a fear of imminent harm through threatening behavior. Simple assault doesn’t require the use of a weapon, and injuries don’t necessarily need to be severe.

Under New Hampshire law, simple assault can be classified as a misdemeanor or a felony. If you are accused of simple assault, it’s important to understand how a criminal defense lawyer will handle your case. A good attorney will look into the details of the incident, check if there was any provocation, and work to find any weaknesses in the prosecution’s case.

Legal Penalties for Simple Assault

If convicted of simple assault in New Hampshire, the penalties can vary. For a first offense, simple assault may be classified as a Class A misdemeanor, which could lead to up to one year in jail and/or a fine. However, if there are aggravating factors like previous convictions or a victim who’s a minor, the charges could be escalated to a felony, carrying harsher penalties.

Aggravated Assault

Aggravated assault is a much more serious charge than simple assault. It typically involves intentionally causing serious bodily injury to another person, often using a weapon. For instance, if a person is hit with an object or stabbed during a fight, the charge could be upgraded to aggravated assault.

What Makes Assault “Aggravated”?

In New Hampshire, aggravated assault can be classified as a Class B or Class A felony, depending on the circumstances. Key factors that can elevate an assault to aggravated assault include:

• Use of a weapon: If the assault involves a firearm, knife, or another weapon.

• Serious bodily injury: If the victim suffers significant harm, such as broken bones, head trauma, or injuries requiring surgery.

• Domestic violence: If the assault happens in a domestic setting, such as between spouses or cohabiting partners.

Legal Penalties for Aggravated Assault

An aggravated assault charge can have life-altering consequences. If you are convicted of a Class B felony, you could face up to seven years in prison. A Class A felony charge could result in up to 15 years of imprisonment. Additionally, fines could reach tens of thousands of dollars, and a criminal conviction could result in a permanent criminal record.

If you face aggravated assault charges, having an experienced criminal defense lawyer is crucial. Your attorney will thoroughly investigate the facts, challenge any unlawful evidence, and fight for a reduction in charges or a more favorable outcome.

Domestic Assault

Domestic assault occurs when the accused assaults someone they have a close relationship with, such as a spouse, partner, or family member. These cases are taken very seriously in New Hampshire, and penalties can be more severe than for regular assault charges.

In domestic assault cases, the prosecution may present evidence of prior incidents of abuse, which could lead to an even harsher sentence. New Hampshire law also allows for restraining orders, which could further complicate the situation.

Legal Penalties for Domestic Assault

Domestic assault charges in New Hampshire are typically classified as misdemeanors, but if there are aggravating factors, the charges can be elevated to felonies. A misdemeanor conviction may result in jail time of up to one year and/or a fine. For felonies, penalties can be much higher, with longer prison sentences and higher fines.

Moreover, if you’re convicted of domestic assault, a judge could issue a domestic violence restraining order against you, preventing contact with the victim. This can significantly affect your life, and fighting against a domestic assault charge requires a skilled criminal defense lawyer who understands the dynamics of domestic abuse cases.

Sexual Assault

Sexual assault is a serious charge, and it involves any unwanted sexual contact or activity with another person. This can include acts like groping, unwanted kissing, or sexual penetration without consent. If you’re facing this charge, the consequences are often far-reaching both in terms of criminal penalties as well as your reputation, employment, and relationships.

In many cases, allegations of sexual assault can be clouded by emotion and misunderstanding, which is why it’s important to have an experienced criminal defense lawyer who can present evidence, call witnesses, and challenge any inconsistencies in the victim’s account.

Legal Penalties for Sexual Assault

Sexual assault can be classified as a felony in New Hampshire, and a conviction can lead to severe penalties. A Class B felony conviction can carry up to seven years in prison, while a Class A felony conviction could lead to up to 15 years in prison. In some cases, a sexual assault conviction could lead to mandatory registration as a sex offender.

Given the severity of these charges, having a qualified criminal defense lawyer is critical. Your lawyer will make sure that every aspect of the case is carefully reviewed and that any false accusations are refuted.

Reckless Conduct and Assault by Means of a Deadly Weapon

In addition to the typical assault charges, you could also be charged with reckless conduct or assault by means of a deadly weapon. This refers to actions that endanger another person’s safety without intending to cause harm. If someone fires a weapon into the air or pushes someone into traffic without intent to harm them, they could face reckless conduct charges.

Assault by means of a deadly weapon, meanwhile, involves using an object or weapon to threaten or harm another person. This could be anything from a firearm to a vehicle or knife.

Legal Penalties for Reckless Conduct and Assault by Means of a Deadly Weapon

Both of these charges can lead to felony convictions, with potential prison sentences of five years or more. If convicted, you may face not only criminal penalties but also a permanent criminal record, which can impact your future opportunities.

How a Criminal Defense Lawyer Can Make a Difference

No matter which type of assault charge you're facing in Portsmouth or any of its surrounding areas like Rockingham County or Dover, having a criminal defense lawyer on your side is crucial. A skilled lawyer will review all the facts, question the evidence, and work to reduce or dismiss the charges. Here’s how they can help:

• Thorough investigation: A criminal defense lawyer will thoroughly investigate the incident, gathering evidence that can either prove your innocence or lead to a reduction in charges.

• Negotiation: In some cases, it may be possible to negotiate a plea deal with the prosecution. An experienced lawyer can help secure a more favorable deal, such as a reduced sentence or dropped charges.

• Court representation: In the event that your case goes to trial, your criminal defense lawyer will be your advocate in court, cross-examining witnesses and presenting a strong defense on your behalf.

• Protection of your rights: A seasoned lawyer will make sure that your constitutional rights are protected throughout the legal process. They will prevent any illegal evidence from being used against you and will make sure that your case is handled fairly.

Contact Wiberg Law Office, PLLC Today

No matter what type of assault charge you're facing, a criminal defense lawyer can help. Your lawyer will fight for a positive outcome, helping you avoid jail time, excessive fines, or a permanent criminal record. If you find yourself facing assault charges in Portsmouth, New Hampshire, or Rockingham County, Strafford County, Hillsborough, Dover, or Manchester, seek help from Wiberg Law Office, PLLC today.