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A criminal "assault" is an intentional, unlawful threat by word or act to do violence to another, coupled with an apparent ability to do so, and performing an act which creates a well-founded fear in another person that such violence is imminent.
This is also commonly referred to a "simple assault", which is a misdemeanor of the second degree, punishable by up to a $500 fine, sixty (60) days jail and/or 6 months probation.
If a deadly weapon is used in the commission of the assault, without the intent to kill, or is used in the commission of a felony act, it is considered Aggravated Assault, which is a felony of the third degree, punishable by up to a $5,000 fine, five (5) years prison and/or probation.
Assault charges may associated with other types of criminal offenses, depending upon the evidence collected against you such as:
A simple assault conviction can only be accomplished if the prosecution can prove intent; and due to the subjective nature of the alleged assault victim's perception of what they believed was a clear and present danger. because of these variables, in order to strengthen their case against you or force you to take a plea deal, law enforcement and prosecutors may choose to look for any evidence which may allow them to add charges to the indictment, or seek a felony assault over a misdemeanor assault charge.
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