Assaults (e.g., Domestic Violence)

An assault generally entails the application of physical force against another, either negligently, recklessly or knowingly. The degree of intent and the seriousness of the injury can impact the penalty. Many assaults where Serious Bodily Injury is alleged or where a weapon was used can carry mandatory prison.

Many assault cases can also involve allegations of domestic violence. Domestic Violence means that the offense was perpetrated against somebody who, at any time, the defendant had an intimate relationship with, if the act, or threatened act, was committed for the purposes of coercion, control, punishment, intimidation, or revenge.

Domestic Violence is not a charge, but rather a sentencing enhancer that requires that the defendant undergo Domestic Violence counseling and treatment. However, the label can have a number of collateral effects, including immigration consequences and effecting a person’s right to possess a firearm.