Assault law deals with the consequences of the wrongful act of causing fear of physical contact to another person. It is treated as a crime and a tort, meaning offenders can be prosecuted by the government, or sued for civil damages by the victim, or both. The purpose of assault law is to deter people from exhibiting aggressive, threatening behavior toward others, even if physical contact does not actually occur. If contact does occur, the act is usually treated as the separate offense of battery.
Most state criminal codes make assault a misdemeanor punishable by fines and up to one year in the county jail. Cases involving threats of death or serious bodily harm are charged as “aggravated assault.” The crime of aggravated assault is a felony, usually punishable by fines and a maximum of 10 to 20 years in prison. In civil tort cases, the size of the monetary damage award will likewise escalate based on the seriousness of the defendant’s conduct.
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