Simple assault refers to an attempt or act that causes another person to fear immediate physical harm. This offense is generally considered a misdemeanor, meaning it is less severe than a felony. The specific definition and penalties for simple assault can vary by state, reflecting local laws and regulations.
Simple assault is primarily used in criminal law. It can arise in various legal contexts, including:
Individuals may manage simple assault cases using legal forms and templates available through platforms like US Legal Forms, which provide resources drafted by experienced attorneys.
Here are a couple of examples of abatement:
Example 1: A person raises their fist and threatens to hit another individual in a heated argument. This act can be classified as simple assault due to the immediate fear it instills.
Example 2: A person attempts to push someone off a sidewalk but does not make contact. This attempt can also be considered simple assault as it involves an intention to cause harm. (hypothetical example)
In Georgia, simple assault is defined under O.C.G.A. § 16-5-20. This statute outlines the criteria for simple assault and specifies circumstances that may elevate the offense to a higher misdemeanor, such as assaults against vulnerable individuals or in specific locations like schools.
| State | Definition | Punishment |
|---|---|---|
| Georgia | Attempts or acts causing fear of injury | Misdemeanor; higher penalties in specific circumstances |
| California | Causing fear of bodily injury | Misdemeanor; potential jail time and fines |
| Texas | Causing physical contact or threatening harm | Misdemeanor; enhanced penalties for certain victims |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Simple Assault | Attempt or act causing fear of injury | Less severe; usually a misdemeanor |
| Aggravated Assault | Assault with intent to cause serious injury | More severe; often a felony |
| Battery | Actual physical contact or harm | Involves physical injury, not just fear |
If you are involved in a situation related to simple assault, consider the following steps:
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