Yes, laws against "attempted assault" exist, though they are often technically prosecuted as
simple assault or
aggravated assault because the legal definition of assault itself frequently includes the
attempt to cause harm.
Under many state laws, such as in Pennsylvania and Ohio, you do not have to successfully injure someone to be charged with a crime.
How "Attempted Assault" Is Charged
The specific charge depends on the intent and the severity of the intended harm:
- Simple Assault: This typically includes attempting to cause bodily injury. For example, swinging a punch at someone and missing is legally considered simple assault.
- Aggravated Assault: This applies if there was an attempt to cause serious bodily injury, such as using a deadly weapon or attempting to cause life-threatening harm.
- Physical Menace: You can be charged for attempting to put someone in fear of imminent serious bodily injury through threatening actions (e.g., brandishing a weapon), even if you never intended to actually strike them.
Penalties for Attempted Assault
Penalties vary by the degree of the charge and the state:
- Misdemeanor: Most simple (attempted) assaults are graded as second-degree misdemeanors, which can carry up to 2 years in prison and $5,000 in fines.
- Felony: If the attempt involved a deadly weapon or a protected official (like a police officer), it can be upgraded to a felony, carrying 10 to 20 years in prison.
Key Legal Elements
To convict someone of an "attempt" crime, prosecutors generally must prove two things:
- Intent: The person specifically intended to commit the assault.
- Substantial Step: The person took a "substantial step" toward completing the crime, moving beyond just thinking about it or making a vague verbal threat.
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