Simple Assault

“Assault” is defined generally as the threat or use of force on another person that causes that person to have reasonable apprehension of imminent harmful or offensive contact.  Assault can be a civil wrong (or “tort”).  It can also be a crime.

There are two forms of “simple” (as opposed to aggravated) assault in Washington, D.C.  The most basic form involves the “unlawful” assault or threatening of another person in a menacing manner.  The penalty for a conviction of this form of simple assault is a maximum fine of $1,000 and/or imprisonment of up to 180 days.

A more serious form of assault occurs when:  (1) the assault or threatening acts cause significant bodily injury to the victim and (2) the acts that caused the injury were intentional, knowing, or reckless on the part of the offender.  The penalty for this offense is a maximum fine of $3,000 and/or imprisonment of up to 3 years.

“Significant bodily injury” is an injury that requires hospitalization or immediate medical attention.  “Menacing manner” is defined to include:  (1) an act on the part of the accused (which need not result in injury), (2) the apparent ability to injure the victim at the time the act is committed, and (3) the intent to perform the act which constitutes the assault at the time the act is committed.  D.C. Criminal Code 22-404.