Degrees of assault are defined according to state laws. Legal guidelines range by state, but generally, assault in the first degree is defined as when a person:
- With intent to cause significant bodily injury to another individual, s/he causes serious bodily injury to any person by means of a deadly weapon or perhaps a dangerous instrument; or
- With intent to disfigure another person very seriously and permanently, or to destroy, amputate or disable permanently a member or organ of their body, he or she causes this kind of an injury to any individual; or
- Under situations manifesting severe indifference to the value of human life, he or she recklessly engages in conduct that creates a grave possibility of death to another person, and thus brings about severe physical injuries to any person; or
- In the course of and in furtherance of the commission or attempted commission of arson in the first degree, burglary in the first or second degree, escape in the 1st degree, kidnapping in the first degree, rape in the 1st degree, robbery in any type of degree, sodomy in the 1st degree or some other felony plainly dangerous to human life, or of immediate flight therefrom, s/he causes a significant bodily injury to another individual; or
- While driving under the influence of alcohol or perhaps a controlled substance he or she causes significant bodily injury to the individual of another with a motor vehicle.
Second degree assault could perhaps involve intentional or reckless severe bodily damage to another person, or physical damage to any individual by means of a lethal weapon or perhaps a dangerous instrument. It could possibly involve interfering with a law enforcement officer, emergency responder, or teacher, while performing their responsibilities. If the injury sustained is a lot less significant, it might possibly be classified as assault of a lesser degree, that include “simple assault”.
The following is an example of a state statute governing simple assault:
Simple Assault. A person is guilty of assault if he or she:
- Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
- Negligently causes bodily injuries to another with a lethal weapon; or
- Attempts by physical menace to put an additional in fear of imminent significant bodily injuries.
- Simple assault is known as a disorderly persons criminal offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons criminal offense.”
Houston Assault & Battery Defense Attorney: The Charles Johnson Law Office
At the Charles Johnson Law Office, our criminal defense lawyer has been defending individuals against charges of criminal assault, domestic abuse, and restraining orders violations for more than a decade. In the event you have been accused of assault, get in touch with our firm to schedule a consultation with an experienced criminal defense attorney. Contact us at 713-222-7577 or toll free at 877-308-0100.