An assault takes place when someone threatens another by word or act to do violence. There does not need to be a touching to be convicted of assault. A simple assault is a misdemeanor of the second degree and carries a maximum penalty of 60 days in jail, 6 months probation, and a $500 fine. The court may impose additional sanctions such as anger management classes or counselling.
If a deadly weapon is used in an assault then the crime becomes a felony. Deadly weapons typically used to commit assault are knives, firearms, and motor vehicles. However, any object which could be used to inflict death or great bodily harm may be considered a deadly weapon.
Unlike simple assaults, felony cases involve a greater amount of evidence. In defending these cases it is important to challenge the State’s evidence. It is not uncommon to call defense witnesses to testify on the defendant’s behalf.
Attorney Brandon Gans understands that each assault case is unique. Therefore, he will tailor a theory of defense specific to each case’s facts and circumstances.
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