PHYSICAL ASSAULT/MAIMING

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Physical assault is any act of violent contact between two individuals, usually against the victim’s will. Physical assault can be perpetrated through the use of hands, arms, or feet. It may involve hitting, pushing, kicking, biting, or even spitting. Assaults between intimate partners or family members may be labeled "domestic violence". Assaults on a child may be called child abuse. Most physical assault charges are Class 1 Misdemeanors. However, there are instances when physical assaults are classified as felonies. When physical assaults are committed with the use of a weapon, and the victim sustains a open wound that results in bleeding, the crime is then labeled "maiming." If individuals attack and injure someone as a part of a group, they may be charged with "maiming by mob." Maiming has many classifications, based on the seriousness of the assault and the intent of the attacker, but all acts of maiming are felonies. Serious assaults on a child may also result in a felony charge. Also, an individual with two previous convictions of domestic violence may also be charged with felony assault if he or she is charged a third time.

However, a physical assault does not have to be classified as a felony to cause significant disruption in an individual’s life. Many men and women who are injured in an attack against their person may suffer injuries and miss time from work. Together, both of these outcomes can cause financial strain.  There may also be the issue of fear...victims may feel vulnerable to another assault, especially if threats were made at the time of the attack.

As a result, victims of assault may have several concerns about their safety.  In the more severe cases, the perpetrator of the crime may be held without bond. This means that the magistrate and/or judge has decided that the defendant is a threat to society and should not be released from jail before trial.  In this case, the victim should not have to worry about additional contact from the defendant.  Most perpetrators are not held without bind, however,, so it is important that assault victims be aware of ‘no contact’ orders, as well as other forms of protection that may be available to them.

 Listed above are some topics that may be of special interest to victims of physical assault.