Assault is the unlawful touching of another person, regardless of whether harm is caused. This can also include threatening to hurt or offend someone. It is important to understand what constitutes assault as it can vary between jurisdictions and can be charged as a misdemeanor or a felony depending on the circumstances and the injuries involved.
To be convicted of assault, the victim must have suffered a physical injury that is more than trivial and that requires medical attention such as stitches or abrasions. The victim must have been put in reasonable apprehension of being struck or touched by the defendant, which can be either a direct threat or an implied one based on what is known to the victim about the tortfeasor’s intent to touch them.
In addition, the victim must have acted in self-defence, an exercise of their legal rights, or in the lawful defence of another person or property. This includes defending oneself against an attack by a stranger and defending one’s family against intruders.
A seasoned attorney from Wiberg Law Office, PLLC of Portsmouth can help you understand the charges against you, build your defense, and fight for your rights. Contact the firm today to schedule a free consultation. The firm’s lawyers are available 24/7 to answer your questions and concerns about any assault or other criminal charges you may be facing. The firm serves clients throughout New Hampshire and southeastern Massachusetts. It also handles cases involving immigration and employment law.