is verbal assault simple assault?

Question

my fianc'e is charged with simple assault but all he did was curse someone out is that really simple assault?

Answer 1

it all depends on the circumstances.

Did the victim feel that he or she was in imminent threat of danger or harm? Was the fear reasonable?

Has there been a history of assault either by your fiance or the victim?

Did your fiance have the means to carry out the perceived threat?

People need to keep their tempers in check. The answers to these questions will determine whether there is a simple assault.

Apparently, since charges have been filed, the prosecuter thinks there is enough evidence to constitute a simple assault.

Generally speaking, verbal assault CAN be simple assault. Being convicted is a different question.

Be forewarned, too, that the victim can file a civil suit alleging assault and intentional infliction of emotional distress.

Your fiance really needs to think before he flies off the handle.

Answer 2

It depends on what your fiance said. Someone can also be charged with simple assault just by insinuating that they are going to cause bodily harm. Posturing, raising a hand, making a fist, all of those things count. No one has to actually make contact for the assault to have happened, the person just has to think it would have.

At least that is the law in NC.

Answer 3

Could be, the actually words not as much so depending on where you are but spit from the mouth in some states could carry a simple assault charge. Heck a friend in NH was charged and convicted of simple assault as a result of kissing a girl once on the cheek.

Answer 4

Yes... that is assault... as defined in the Penal Code Assault is a case of verbal or physical interaction with another individual that leads to a conflict... Simple Assault would include raising your voice to another individual should that person deems in unnecessary... where physical assault would be swing (but not hitting) a person... Once Physical contact is made it is then called Battery

Answer 5

There has to be physical contact or threats of physical contact (like swinging with a fist but not hitting) in order for assault to occur (in Canada). Simply cursing at someone (without threats) is not an assault. Sounds like there is a difference in stories here.

Answer 6

Most states typically handle Domestic Violence as if the state is the victim - i.e. the complaining party. The reason for that is to counteract the often influential pressure violent husbands put on their wives to "drop charges". With that in mind, however, it's difficult to prosecute a case when the witnesses (i.e. you) are not entirely cooperative. But, why were the cops called, in the first place? Don't waste their time if it's not serious, because most states also have a mandatory arrest law when it comes to domestic violence complaints - i.e. someone WILL go to jail. Good luck! (Good god, that's the second question I answered seriously today, what's wrong with me?)

Answer 7

IF a cop wanted too he could dprobly charge someone for pissing in the win with disorderly conduct...most likely that is what the violent unbelievable serious crime that was committed here will be reduced too.

Answer 8

If a reasonable person would have felt threatened by your boyfriend - then it is assault.

Answer 9

only if he threatened them. also if he even touches them even in a way that is not angry, like grabbing their arm to stop them from going or placing his hand on their shoulder during an argument that can be considered assault.

Answer 10

As long as there were not threats to do bodily harm, there should not be any charges at all. Get a lawyer, this should get dismissed.