Simple Assault vs. Aggravated Assault

Wyoming law classifies different types of assault by the type and severity of the injury, the victim or victims, and other circumstances specific to each case. Most assaults fall into two categories: simple assault and aggravated assault. Simple assault is a misdemeanor offense and carries less severe punishments. Aggravated assaults are felonies and carry more severe punishments.  What Is the Difference Between Simple and Aggravated Assault?    Simple Assaults A person may be charged with simple assault if he or she attempts to cause bodily injury to another. Proving a simple assault charge does not require showing that the victim was actually injured. You can be charged with simple assault even if you never touch the other person. A simple assault conviction can include fines up to $750 and will appear as a misdemeanor on your criminal record. Aggravated Assaults Aggravated assaults qualify as felonies under Wyoming law and can include severe punishments and other consequences. Similar to simple assault, a person does not actually have to injure someone else to be charged with aggravated assault.  The main difference between a simple assault and aggravated assault charge is the severity of the bodily injury. If a person attempts to cause or causes serious bodily injury to another, they may face aggravated assault charges. Acts or behaviors that demonstrate a disregard for the value of human life meet the requirements for aggravated assault.  Wyoming law considers aggravated assault charges in several other circumstances: Using a deadly weapon to cause or threaten serious bodily harm;Threatening to use a drawn weapon, such as a gun, to cause serious bodily injury; andSeriously injuring a pregnant woman a person knows to be pregnant. The type of assault charge depends on the circumstances and facts of each case. Even a fistfight may result in aggravated assault charges based on the severity of the injuries. Additionally, everyday items such as a bottle, rock, or stick may be considered weapons if used to hurt or attempt to seriously hurt another person.  Penalties for aggravated assault usually depend on the severity of the injuries, the identities of each person involved, and other circumstantial factors. An aggravated assault conviction may impose a punishment of up to ten years in prison for serious offenses.  Do I Need A Lawyer for an Assault Charge? Any assault charge, either simple or aggravated, can have a huge impact on your life. Aggravated assault charges, in particular, can have serious consequences. If convicted of aggravated assault, you may face up to 10 years in prison and a felony conviction on your record. Felony convictions can affect your employment, child custody, housing, and your ability to vote. If you or someone you know is facing criminal assault charges, you need an experienced criminal defense attorney on your side. He or she will thoroughly investigate your case and provide you with the best legal defenses and options available. Some common defenses to assault charges include:  Self-defense,Defense of others, Defense of property, orLack of intent to cause serious bodily injury.  Building a successful legal defense and presenting it in court is a challenging and complicated process. A skilled lawyer knows what information and evidence you will need to create an effective defense. Your lawyer will gather this evidence, negotiate with prosecutors and the court on your behalf, and represent you in court if your case goes to trial.  Call A Criminal Defense Attorney Today If you or someone you know is facing assault charges, contact our offices or fill out an online form today. The dedicated team of professionals at the Platte River Injury Law firm will support you throughout this difficult process. Our attorney Jeremy Hugus has extensive experience defending clients against criminal assault charges. He has a proven history of success and works tirelessly to protect his clients’ legal rights. Our entire team cares deeply about our clients and will make sure you receive the support and legal advice you need each step of the way. Call our offices or fill out an online form today. 

What Is Simple Assault

Disagreements and arguments happen all the time. But if they become too heated or get out of control, one or more people may be charged with a crime, including simple assault. If you or someone you know is facing criminal charges, the information below will provide you with important knowledge so you can better protect your legal interests. What Is A Simple Assault Charge in Wyoming? Simple assaults can occur in a variety of circumstances but often arise during a disagreement or argument. Definitions of simple assault differ from state to state. Wyoming law classifies assault as a misdemeanor and punishes simple assault convictions with monetary fines. Under the statute, a simple assault occurs where a person attempts to harm another person or cause bodily injury unlawfully.  A simple assault charge does not require actual bodily injury. You can be charged just for attempting to do so.  Penalties for Simple Assault  Penalties for simple assault charges do not include any jail time. But if convicted, you will still face consequences that can have a significant impact on your life. Legal penalties for simple assault include: Monetary penalties up to $750 per charge; A misdemeanor charge that will appear on your criminal record;Court dates and associated fees and costs; andProblems with employment, child custody disputes, and other issues associated with having a criminal record. Understanding Different Types of Assault-Related Charges Understanding different types of assault-related offenses can be complicated and confusing, but important to know if you face criminal charges. Below are brief descriptions of different types of assault-related charges and their associated penalties. Assault Versus Battery  Assault and battery come up in numerous different contexts in news, social media, and popular entertainment. Many sources describe these terms as the same offense, but they are separate crimes and have some crucial differences.  A simple assault crime in Wyoming only requires proving that someone attempted to cause bodily injury to another personA crime of battery requires showing that a person intentionally, knowingly, or recklessly caused another person bodily harm through physical force. Battery involves proving an actual injury, and a person charged with battery faces harsher legal consequences. Penalties for battery can include fines of up to $750 as well as up to six months in jail.  Unlawful Contact Wyoming law includes another type of offense that falls between a charge for assault or battery. Unlawful contact occurs where a person intentionally touches another person in an angry, rude, or impolite way but does not cause bodily injury. A person convicted of unlawful contact faces up to six months in jail, fines up to $750, or both.  Assault on a Household Member Wyoming law also distinguishes between simple assault and domestic assault, or assault by one household member against another. First-time domestic assault offenders face the same penalties as those for simple assault. However, if a person convicted of domestic assault committed another assault-related crime or a previous domestic assault, that person may face jail time in addition to a fine.  Do I Need a Lawyer? If you are charged with simple assault, remember that a criminal charge does not equal a conviction. A prosecutor must prove beyond a reasonable doubt each element, or part, or a criminal offense. Experienced criminal defense attorneys know and understand the elements of criminal assault and will investigate the facts of your case to develop a strong defense to protect your rights.  Some defenses to simple assault include:  Even if you did attempt to cause someone bodily injury, if you did it to protect yourself or someone else from harm you may be able to claim self-defense;You could argue that you were aggressive because you were defending your property;You may be able to claim consent as a defense if you can prove that the other person consented, or agreed to, the attempted bodily harm; orShowing that you lacked the ability to cause bodily harm.  Any of the defenses above or combinations of the defenses could make up your legal strategy. How a Criminal Defense Attorney Defends You from a Simple Assault Charge Creating a successful legal defense can be a complicated process. Presenting a legal claim requires knowing and following extensive court procedures, rules and methods for gathering and presenting evidence, writing court documents, and bringing a case to trial. Skilled lawyers spend years practicing and developing these skills so they can best serve and protect their clients’ interests. An experienced criminal defense attorney can help you: Gather evidence, including investigations, police reports, witness testimonies, and other information necessary to build your defenseFile motions with the court Negotiate with the prosecution on your behalfDefend you and represent you if your case goes to trial Contact An Attorney Today If you or someone you know is charged with simple assault, you may not know what to do next. We understand this can be a stressful and challenging time, and our highly experienced attorneys and staff will support you through the process. Our criminal defense attorney Jeremy Hugus has extensive experience defending his clients’ rights against criminal defense charges. He has a proven track record of success and fights relentlessly on behalf of his clients. Call the Platte River Injury Law firm or fill out an online form today. Our qualified team will provide you with the legal advice and representation you need.