A criminal assault charge is often accompanied by a battery charge. Assault is the non-physical act of threatening someone to the point that they fear for their safety, while battery is actually using violence against that person. You can be charged with assault alone if the alleged victim accuses you of threatening harm without the incident resulting in physical contact. If you have been charged with assault, you should remember that the prosecution bears the burden of proving that a crime occurred. By examining details of your case, a criminal defense attorney can identify weaknesses in the prosecution’s argument against you.

Reasonable Belief

To establish that an assault occurred, the prosecution must show that you intentionally acted in a manner that caused the victim to reasonably believe that he or she was at risk of immediate physical violence. The prosecution will need to describe how your language or physical gestures established a threat of violence. There are several ways that you can dispute that an assault actually occurred, such as claiming:

• Your allegedly threatening behavior was unintentional or misinterpreted;
• The alleged victim was unreasonable in believing that your actions constituted a threat; or
• The alleged threats should not have caused the victim to fear imminent danger.

People may show irrational fear towards you based on your appearance and their own anxieties. Providing a clear and reasonable explanation of the incident can show that you never intended to threaten or harm the alleged victim. Witness testimony can support your account of the incident.