Put simply, each criminal charge equals one “count.” However, a defendant can be charged with numerous counts arising from a single incident. Sentencing varies depending on the state statutes, the facts of a given case, and a number of other factors. Tattoos At Work- Can Employers Ban Body Art? Assault does not require actual physical touching – but the doing of an act (not in self defense) that would reasonably result in the application of force to another with the present ability to apply that force. Charged with COMMON ASSAULT in South Africa - Answered by a verified Lawyer. Circumstances of aggravation are particular circumstances that increase the severity of a crime. This can make a big difference when it comes to sentencing and other matters, as simple assault is a misdemeanor while aggravated assault is a felony. This means that complainants cannot simply end the matter by advising police that they do not wish the It can be defined as any striking, touching, moving or applying of force to another person without their consent, (as per section 222 of the Criminal Code 1913). If you are charged with grievous bodily harm you will need to appear in the District Court. Simple Assault. Often that will make them think twice about pursuing the charges against you. Because assault is a crime, the state does not need your permission to bring criminal charges. 24/7! © Copyright 2020. If you’re charged with a basic assault charge – “common assault” – this can either be under: the Summary Offences Act 1981 (section 9), with a maximum penalty of six months’ jail or a fine of up to $4,000, or. You are not in control of whether or not the state chooses to drop the assault charges. By definition, an assault occurs when one person commits actions that put another person in a situation where he or she can reasonably fear that he or she will receive You may be charged with assault or with assault and battery if there is unlawful use of force with physical contact. Keep reading to find out what you should do if you or someone you know has been charged. Parenting Following A Separation: How Does It Work? The investigating officer should not determine whether it is common assault or assault GBH, and therefore whether an arrest should follow. These are things that make the offence less serious and include any provocation, whether you have any learning disability and where you acted in self-defence but went too far. Christoph Law Offices 400 S. Melrose Dr.Suite 101Vista, CA 92081 Phone: 760-659-2149 Fax: 760-941-5760, See how we can help you. For example, if you were charged with aggravated assault but the prosecutor does not believe their case is strong, we may be able to convince them to downgrade the charge to simple assault. Assault is defined in Part 5 of the Criminal Code 1913. Assault occasioning bodily harm – If a victim’s injuries require medical attention, you may be charged with assault occasioning bodily harm. A free initial consultation with an attorney will help you understand your situation and what can be done. Felony Assault Charges in Virginia. Unfortunately, those extra alcoholic drinks over the Christmas break can get you into trouble. if the victim is of or over the age of 60 years. Grievous bodily harm is considered a very serious crime and carries much harsher penalties than lesser types of assault. Free Initial Consultation. We also represent clients in San Diego County and North County San Diego in all San Diego courts for all misdemeanors and felonies. 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