This chapter covers crimes against people and most of those do not end in someone losing their lives. Beyond homicide, there are still several criminal offenses for which people must be held accountable for the harm they cause. One example of this is assault. Like most crimes, assault has different levels based on the severity of the harm caused: simple and aggravated.

7.6.1 Simple Assault

Assault is a crime where one person commits or threatens to commit unwanted or uninvited physical contact on another person resulting in harm. This crime used to be divided into battery (physically harming someone) and assault (threatening or trying to harm someone). Now, both battery and assault are combined into simple assault. Simple assault is a misdemeanor as long as it stays below the threshold for aggravated assault, which we will discuss next.

Simple assault can include threatening to hit someone, but not actually doing it. If the person reasonably believes you could carry out the threat, it is considered assault. Pushing someone while in an argument is assault. What used to be brushed off as a childish fight can now be charged as assault, especially if minor injuries (like scrapes and bruises) result from the tussle.

The nature of the contact as well as the resulting harm are the factors that distinguish a more serious assault from a less serious assault. Assault may also include attempts to make physical contact with the victim that fall short for some reason. For example, this could be a thrown object that never hits its target or a punch that does not connect.

The actus reus (criminal act) element required for assault charges in most jurisdictions is unlawful touching or threats of doing so. This can include throwing a rock or bottle toward the victim, spitting on them, spraying them with a water hose, or punching them in the face. Threats can include intimidation, harassment, or menacing.

The mens rea (criminal intent or state of mind) element required for assault varies, depending on the jurisdiction. Many states require specific intent (purposefully causing harm), or general intent (knowingly causing harm). Others even include reckless intent or negligent intent.

As you can see, the characterization of what makes up simple assault can cover a wide range of actions, attempted but failed actions, and threats of actions. When the injuries from the physical contact are more severe, but do not result in death, however, the answer is more clearly aggravated assault.

7.6.2 Aggravated Assault

When an assault like those described above has aggravating factors that make it worse, it becomes an aggravated assault. Aggravated assault is physical contact that causes serious bodily injury or bodily injury that is caused by a deadly weapon (like a gun). It is considered a felony of the second or third degree. Aggravated assault has a higher level of intent—such as intent to cause serious bodily injury or intent to maim or disfigure—and is often considered worse under the law than crimes resulting in unintentional harm or injury. Other factors that influence the level of assault are the use of a weapon, committing assault while committing or attempting to commit another serious or violent felony, the helplessness of the victim, or the special status of the victim (such as a police officer, teacher, or member of a vulnerable population like a child or pregnant woman).

7.6.3 Intimate Partner Violence

What was once termed “domestic violence” is now referred to as intimate partner violence (IPV). IPV is an assault that occurs between people in a close relationship. The types of assault and abuse included in IPV are physical, verbal, emotional, mental, financial, and sexual. Each of these types of abuse include assaults that are used to control and intimidate the victim. It is common for IPV to be prolonged, which is different from simple assault or even aggravated assault that are singular occurrences. However, it would not have been appropriate to discuss assault of any type or the next section on rape (sexual assault) without recognizing the important issue of intimate partner violence.

If you or anyone you know is the victim of intimate partner violence, please contact the National Domestic Violence Hotline for support at https://www.thehotline.org/ or by calling 1-800-799-SAFE or text “START” to 88788. All contact to the website, phone number, or text are protected and kept completely confidential.