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Simple Assault in Washington, D.C.
Simple assault in Washington, D.C., is a misdemeanor involving the intentional use or attempted use of force against another person, or a threatening act that creates a reasonable fear of immediate bodily injury. Even minor, nonconsensual, or offensive touching may qualify as assault under D.C. law.
Koehler Law represents people charged with simple assault in D.C. Superior Court. To speak with attorney Jamison Koehler, call 202-549-2374 or email jkoehler@koehlerlaw.net.
Important: This page provides general information about D.C. law. It is not legal advice, and the outcome of any case depends on its specific facts.
D.C. Simple Assault at a Glance
| Topic | Details |
|---|---|
| Offense | Simple assault |
| D.C. Code | D.C. Code § 22-404 |
| Classification | Misdemeanor |
| Maximum jail sentence | 180 days |
| Maximum fine | $1,000 |
| Common defenses | Self-defense, defense of others, defense of property, lack of intent, accident, and insufficient evidence |
| Court | D.C. Superior Court |
Frequently Asked Questions
What Is Simple Assault in D.C.?
D.C. law recognizes three forms of misdemeanor assault:
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Attempted-battery assault
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Intent-to-frighten assault
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Misdemeanor sexual abuse
An injury may include any physical injury, however slight, as well as offensive touching. Simple assault under D.C. Code § 22-404 is punishable by up to 180 days in jail, a fine of up to $1,000, or both.
Attempted-Battery Assault
To prove attempted-battery assault beyond a reasonable doubt, the government must establish that:
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The defendant used force or violence against another person, or attempted to do so;
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The defendant intended to use that force or violence; and
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The defendant had the apparent ability to injure the other person at the time.
The conduct must be intentional rather than accidental or mistaken.
Intent-to-Frighten Assault
To prove intent-to-frighten assault beyond a reasonable doubt, the government must establish that:
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The defendant committed a threatening act that would reasonably cause another person to fear immediate bodily injury;
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The defendant intended to cause injury or create that fear; and
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The defendant had the apparent ability to injure the other person at the time.
Actual physical contact is not required for this form of assault.
Misdemeanor Sexual Abuse
Misdemeanor sexual abuse occurs when a person engages in sexual contact with another person and knew, or should have known, that the contact occurred without that person’s permission. See D.C. Code § 22-3006.
What Intent Must the Government Prove?
The government must prove that the physical act underlying an alleged offensive touching was intentional, not inadvertent.
In Winston Perez Hernandez v. United States, 286 A.3d 990 (D.C. 2022), the D.C. Court of Appeals held that the touching itself cannot be accidental. The court explained that the required intent regarding the offensiveness of the touching may be established through purpose or knowledge:
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A person acts purposefully when causing the result is the person’s conscious objective.
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A person acts knowingly when the person is aware that the conduct is practically certain to cause the result.
Earlier decisions illustrate this requirement:
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In Williams v. United States, 887 A.2d 1000 (D.C. 2005), proof that the defendant threw a shoe was not enough; the government also needed to prove that he aimed it at the complainant.
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In Buchanan v. United States, 32 A.3d 990 (D.C. 2011), the court rejected the argument that intentionally flailing one’s arms was sufficient when the defendant did not intend to strike the officer.
Can Yelling at or Threatening Someone Be Simple Assault?
Yes. Physical contact is not required. A threatening act may qualify as intent-to-frighten assault if it would reasonably cause another person to fear immediate bodily injury and the other required elements are proven.
Words alone may not resolve the issue. Courts consider the words, actions, context, apparent ability to cause injury, and whether the alleged fear involved immediate harm.
Can Spitting on Someone Be Simple Assault?
Yes. Spitting on another person may constitute offensive, nonconsensual touching. Assault does not require direct body-to-body contact.
What Is the Difference Between Simple Assault and Domestic Violence?
Simple assault is a specific criminal charge. Domestic violence is a broader category describing certain conduct between people who have a qualifying personal, family, household, or romantic relationship.
Depending on the relationship and alleged conduct, a domestic violence case may involve simple assault or another charge, such as destruction of property, criminal threats, or unlawful entry. A simple assault charge can therefore be treated as a domestic violence matter when the parties have the required relationship.
What Defenses Are Available in a D.C. Simple Assault Case?
Potential defenses include self-defense, defense of others, defense of property, accident, lack of intent, mistaken identity, and insufficient evidence. The defenses available in a particular case depend on its facts.
For example, a person may use a reasonable amount of force in self-defense when:
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The person actually believes that they face an immediate danger of bodily harm; and
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There are reasonable grounds for that belief.
The force used must be reasonable under the circumstances.
What Happens at the First Court Appearance?
The first hearing is usually an arraignment. At the arraignment, the defendant hears the formal charge, enters a plea, and is advised of the right to counsel. The government also generally provides initial discovery, including paperwork related to the charge.
A D.C. misdemeanor case commonly includes at least three proceedings:
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Arraignment
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Initial status hearing
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Trial or another case resolution
Arraignment for a Person in Custody
Arraignments for people detained before their first appearance are held in Courtroom C-10 at D.C. Superior Court, 500 Indiana Avenue NW. C-10 is on the building’s lower level. These arraignments typically begin at 1:30 p.m.
Citation Arraignment
People released before their first appearance generally attend a citation arraignment remotely through Webex. Login instructions appear on the citation, which is the notice directing the person to appear.
Initial Status Hearing
The court typically schedules an initial status hearing three to four weeks after arraignment. During that period, defense counsel can review the evidence and discuss the case with the assigned prosecutor from the U.S. Attorney’s Office. The parties may then schedule a trial or pursue a non-trial resolution.
What Is the Penalty for Simple Assault in D.C.?
Simple assault carries a maximum penalty of 180 days in jail, a fine of up to $1,000, or both. The maximum is not an automatic sentence. The actual outcome depends on factors such as the facts of the case, the defendant’s record, the alleged harm, available defenses, and any negotiated resolution.
A person with little or no criminal history may be eligible for a diversion program, but eligibility and terms are not guaranteed.
Are Diversion Programs Available to First-Time Offenders?
They may be. Prosecutors sometimes offer eligible defendants a non-trial way to resolve a case. The offer depends on the allegations, the person’s record, prosecutorial policies, and other case-specific factors.
Two possible resolutions are:
Deferred Prosecution Agreement
Under a Deferred Prosecution Agreement (DPA), a defendant agrees to complete specified conditions, such as community service. If the defendant completes the agreement successfully, the government dismisses the charge.
Deferred Sentencing Agreement
Under a Deferred Sentencing Agreement (DSA), the defendant pleads guilty and waives the right to trial, but sentencing is postponed while the defendant completes agreed conditions. The compliance period may range from several months to a year and often includes community service.
If the defendant completes the conditions, the court may allow the guilty plea to be withdrawn and the government may dismiss the charge. If the defendant does not comply, the court may enter the guilty plea and proceed to sentencing.
Will a Simple Assault Arrest Appear on My Record?
Yes. An arrest that includes fingerprinting and photographing generally creates records maintained by local law enforcement and the FBI. If the person is formally charged, information about the court case may also be publicly available through the D.C. Superior Court case search.
Dismissal of a charge does not necessarily erase the arrest or court record. Removing public access to eligible records generally requires sealing or expungement under D.C. law.
Can a Simple Assault Record Be Sealed or Expunged?
Yes, some simple assault records may qualify for sealing or expungement under the D.C. record-clearing law that took effect in 2025. The law provides automatic relief for certain records, including automatic expungement for decriminalized offenses and automatic sealing for qualifying non-convictions and less serious misdemeanor convictions. Other records may require a motion.
Eligibility and timing depend on the disposition, criminal history, waiting periods, and other statutory requirements. Learn more about sealing and expungement in Washington, D.C..
Do I Need a Lawyer for a Simple Assault Charge?
You have the right to represent yourself, but a criminal case can involve serious consequences and complex legal and evidentiary issues. A defense lawyer can evaluate the evidence, identify possible defenses, negotiate with the prosecutor, and represent you at trial.
If you qualify financially, the court may appoint a lawyer to represent you.
How Can I Learn More About the Allegations?
Defense counsel generally receives the complete police report and other initial discovery at or after the first court appearance. Before that hearing, you may request an abbreviated police report, known as a PD-251, from the Metropolitan Police Department.
See the instructions for obtaining a PD-251 police report in Washington, D.C..
Why Hire Koehler Law for a D.C. Simple Assault Case?
Attorney Jamison Koehler focuses his practice on defending felony and misdemeanor cases in D.C. Superior Court. He has practiced criminal defense throughout his legal career and has concentrated almost exclusively on D.C. Superior Court matters for the past 15 years.
His practice is intentionally local: he does not handle Virginia, Maryland, or federal criminal cases. This focus has given him substantial experience with D.C. judges, court procedures, clerks, and prosecutors.
Mr. Koehler has litigated numerous criminal trials, including simple assault cases. Recent results described by the firm include:
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A July 2026 acquittal for a client accused of spitting on a co-worker;
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A 2026 acquittal for a client accused of threatening another person with a knife; and
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A 2026 acquittal for a client accused of groping a passenger while driving for Uber.
Past results do not guarantee a similar outcome in a future case.
Speak With a D.C. Simple Assault Lawyer
If you have been charged with simple assault in Washington, D.C., contact Koehler Law at 202-549-2374 or jkoehler@koehlerlaw.net to discuss your case.
Last updated: September 15, 2026.