What is a Level 1 assault?
What is a Level 1 assault?
Level 1 assaults are the most common and refer to assaults that cause little to no physical harm to victims. Level 2 assaults, or assault with a weapon or causing bodily harm, are those that involve carrying, using or threatening to use a real or imitation weapon.
What happens if you are charged with common assault?
Yes, in some instances you can go to prison for common assault. Common assault has a maximum penalty of six months imprisonment and / or a fine. However, if you are being charged for the first time, a custodial sentence is unlikely, and a fine is the usual punishment.
Can a defendant plead guilty to a simple assault charge?
Another plea option for a defendant charged with simple assault is a plea to a lesser charge. A prosecutor may agree to dismiss an assault charge if the defendant pleads guilty to a charge such as disorderly conduct or public affray, especially if the incident was a shouting or shoving match or a scuffle between two equally-matched people.
Can a person go to prison for a common assault?
Common assault is the least serious of the assault charges. It is governed by s39 of the Criminal Justice Act 1988. Whether you will go to prison for a common assault first offence depends on a number of factors. All offences before the courts have sentencing guidelines. The court must follow the guidelines unless there are good reasons not to.
What should I expect in a simple assault case?
Plea Agreements. In a simple assault case, the prosecutor and the defense may enter into a plea agreement. Under a typical plea agreement, the defendant pleads guilty or no contest to one or more charges and the parties agree on a proposed sentence to present to the judge. The judge ultimately determines the appropriate sentence,…
How does a domestic assault case usually start?
Domestic cases often start with a phone call to 911 looking for police assistance. Most often the phone call is placed by the alleged victim but sometimes also by the accused themselves.
Another plea option for a defendant charged with simple assault is a plea to a lesser charge. A prosecutor may agree to dismiss an assault charge if the defendant pleads guilty to a charge such as disorderly conduct or public affray, especially if the incident was a shouting or shoving match or a scuffle between two equally-matched people.
Plea Agreements. In a simple assault case, the prosecutor and the defense may enter into a plea agreement. Under a typical plea agreement, the defendant pleads guilty or no contest to one or more charges and the parties agree on a proposed sentence to present to the judge. The judge ultimately determines the appropriate sentence,…
Domestic cases often start with a phone call to 911 looking for police assistance. Most often the phone call is placed by the alleged victim but sometimes also by the accused themselves.
Can a defendant plead guilty to a disorderly conduct charge?
A prosecutor may agree to dismiss an assault charge if the defendant pleads guilty to a charge such as disorderly conduct or public affray, especially if the incident was a shouting or shoving match or a scuffle between two equally-matched people. (Public affray is a crime involving fighting in public.)