The Basics of a Criminal Assault Case
The legal definition of assault can be a little difficult to understand. Put simply, assault is defined as an unlawful, intentional attempt to injure someone physically. It can also be defined as an act that may cause another person to believe that offensive or harming contact will occur in the future. In order to be considered assault, the two stipulations must be present. If someone has made a verbal threat but no harmful actions have followed, it is not legally considered assault. If the threat is followed by an action that either eludes to a future act of assault or an act of assault actually occurs, it is classified as criminal assault. The prosecution must prove that there was a clear intent to cause harm in order for you to be convicted of assault.
Criminal assault cases and civil assault cases are two different kinds of cases. While criminal assault is considered a crime and nothing more, civil assault cases require the conviction of the criminal for the crime and may also result in the compensation of the victim for any damages that may have occurred. The civil assault charges technically count as two separate cases and would be tried in that manner.
For more information about criminal assault charges, contact the San Jose criminal defense lawyers of the Law Office of Daniel Jensen, P.C. at (408) 296-4100 to discuss the best approach for your defense.