Domestic Violence Defense Lawyer

The State can prove Assault in three different ways:

• INTENT TO FRIGHTEN
  Assault is intentionally frightening another person with the threat of immediate offensive physical contact or physical harm. In order to convict the defendant of assault, the State must prove:
  (1) that the defendant committed an act with the intent to place the victim in fear of immediate offensive physical contact or physical harm;
  (2) that the defendant had the apparent ability, at that time, to bring about offensive physical contact or physical harm; and
  (3) that the victim reasonably feared immediate offensive physical contact or ical harm; and
  [(4) that the defendant’s actions were not legally justified.]

• ATTEMPTED BATTERY
  Assault is an attempt to cause offensive physical contact or physical harm. In order to convict the defendant of assault, the State must prove:
  (1) that the defendant actually tried to cause immediate offensive physical contact with/physical harm to the victim;
  (2) that the defendant intended to bring about offensive physical contact/ physical harm; and
  (3) that the defendant’s actions were not consented to by the victim

• BATTERY
  Assault is causing offensive physical contact to another person. In order to convict the defendant of assault, the State must prove:
  (1) that the defendant caused [offensive physical contact with] [physical harm to] (name);
  (2) that the contact was the result of an intentional or reckless act of the defendant and was not accidental; and
  (3) that the contact was [not consented to by (name)] [not legally justified].

• In order to prove a first degree assault case, the State must prove all of the elements of second degree assault and also must prove that:
  (1) the defendant used a firearm to commit assault; or
  (2) the defendant intended to cause serious physical injury in the commission of the assault.

A firearm is a weapon that propels a projectile by gunpowder or a similar explosive.
Serious physical injury means injury that
(1) creates a substantial risk of death; or
(2) causes serious and permanent or serious and protracted disfigurement or loss or impairment of the function of any bodily member or organ.