People in a variety of difficult situations can end up facing criminal charges. Most of the time, any interactions that result in interpersonal violence can result in the state prosecuting one or more of the parties involved.
Of all of the potential violent charges prosecutors can bring in New Hampshire, simple assault is among the least severe allegations. However, it is still a violent charge that can result in a problematic long-term criminal record.
What behaviors might justify a prosecutor’s decision to pursue simple assault charges?
Intentionally causing offense or injury
The first definition of simple assault enshrined in New Hampshire state law has to do with non-consensual contact. When one person kicks, punches or slaps another person with the intent of injuring them, that can constitute simple assault. So can non-consensual touch intended to offend the other party. Groping or grabbing someone in an inappropriate manner can result in simple assault charges even if the intent was not to cause injury.
Negligently causing injury
The other two definitions of simple assault have to do with causing injury through negligence or recklessness. Those who injure someone through reckless behavior may face allegations of simple assaults even if there was no intent to harm others. The state can also prosecute those who negligently injure others with a deadly weapon.
The choice to discharge a weapon into the air could lead to simple assault charges. While the intent may have been to warn others or put on a dramatic display, someone else could end up hurt because of that choice. An arrow released vertically, for example, could strike someone and cause severe injuries.
Those accused of simple assaults may be able to mount a criminal defense that establishes they did not engage in reckless behavior or intend to injure or offend another person. Simple assault is often prosecuted as either a Class A or Class B misdemeanor, and the details of the situation determine which charges apply. Whether the assault involves violence or not determines the class of offense prosecutors pursue.
Simple assault charges may be less serious than aggravated assault or homicide, but they can still carry long-term consequences if people plead guilty. Reviewing the circumstances that led to an arrest with a skilled legal team can help people evaluate their options for a criminal defense strategy.
