Assault, The Downside of Anger

Posted on February 29, 2008
Filed Under Assault, Criminal Law |

“Assault is either the threat or attempt to strike another, whether successful or not, where the target is aware of the danger.”

Violence is an increasing issue throughout Los Angeles, and assault is one of the major areas where the law is constantly challenged. Recently, in Texas, a matter known as the Jena 6 situation has ruined a community all in relation to an assault that took place.

Assault isn’t a crime that is gender or class specific, it happens to rich and poor, young and old, male and female. There is a case recently where jailers allegedly beat an inmate and pepper sprayed his genitalia. In many cases of assault, the issue isn’t simply that the victim suffered physical harm, but that there are lingering mental and emotional affects that continue long after the physical scars have healed.

Assault is a matter that even the California legislature is constantly taking under consideration, trying to protect victims of such crimes. In fact, due to how often and in how many different places assault takes place, the legislature is increasingly allowing various state government officials to arrest violators.

Often times, the terms assault and battery are used in conjunction, however they are different crimes. Assault is the threat of an attack, battery is the actual violent act. The danger is assault is that it leaves the victim in constant fear of attack. Assault can range from a misdemeanor to a serious felony. In California, where three strike laws are in affect, assault crimes can cause some serious jail time for the individual charged.

Pointers - Here are some important factors in laws governing assault:

“There is a requirement that the assaulter must be reasonably capable of carrying through with the attack.”

“If the assault is done with a deadly weapon, the intended victim does not need to know of the peril.”

“California law distinguishes between first or second degrees of assault depending on whether there is actual hitting, injury or a threat.”

Written by Joe M

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