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Assault: A Crime of Violence

By: Alex De Mostafa

Assault is considered to be an act of violence. In order to constitute assault there should be intent to knowingly or intentionally cause any sort of harm to the other person. Simply touching may or may not be considered as assault, it depends on the facts and circumstances of each case.

Assault is a serious crime. There are several things that may appear as assault at first glance but in absence of specific intention to do harm, the assault does not exist. However, the assault is not an actual or real harm. In order to be an assault, threat is the main element.

Basic elements of assault

The basic elements of the assault are as below:

1. There should be present and apparent ability to carry out this act
2. The attempt should be unlawful
3. Intent should be to commit an injury
4. Fear of bodily injury.

Assault is not considered as felony unless and until other person is seriously harmed. Touching also comes under assault. Suppose if one person touches the other person and that other person would not want and liked to be touched. Touching someone's shoulder or punching someone on face both are considered to be assault as long as there was contact and that too without the consent of the other person who was touched. The basic thing here is not the amount of force used but whether touching was allowed or not and second thing whether it was intentional or not.

Assault can also be considered when a person makes certain gestures which make the other person feel as if the person is going to be assaulted. Thus, only mere touching does not amount to assault even gestures are included in order to constitute an assault. Even if anyone is pointing their fingers in other person’s face and if that person feels that he is going to be assaulted, assault is said to have occurred.

Aggravated Assault

This type of assault is also punishable in all states as a felony. It is said to be committed when a person intends to just frighten other person. The common types of aggravated assault are the ones which are accompanied by the intention to rob, kill or rape. Moreover, assault with a deadly and dangerous weapon is also called aggravated when there is an intention to cause severe harm.

Punishment for assault

Punishment in assault varies from person to person. It also depends upon the seriousness of the assault. The punishment for assault can be imprisonment or fine and in some cases both fine as well as punishment. The punishment for aggravated assault is more severe as here all the factors are considered such as the extent of harm and violence, the criminal intent of the person and the severity of the crime. In some cases it can be life imprisonment which depends on facts of each case and upon the judgment of the judge.

If one is in Houston, one can appoint a Houston criminal defense lawyer for handling and presenting the matter in the court. Always do proper research before appointing a Houston criminal defense lawyer.

Article Source: http://www.newarticledaily.com

Jane Cooper writes for a Houston DWI Attorney. You can find more information on how they meet their client's needs related to Houston criminal defense. Jane also writes about Houston divorce

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