Simple Assault in D.C.

“Simple assault” in D.C. is a misdemeanor offense involving either the threat of force or the actual use of force against another person.  Any type of nonconsensual touching can constitute an assault.  

There are three different forms of assault in D.C.  The form of the assault to be charged depends on the severity of the actions in question.  “Aggravated assault” and “assault with significant bodily injury” (also known as “felony assault”) both involve some type of serious injury to the victim.   “Simple assault,” by contrast, requires only some type of threat or nonconsensual touching/battery.  As such, it is a “misdemeanor” offense in D.C.; that is, it is punishable by no more than 180 days in jail and a $1,000 fine.  

Answers to frequently asked questions are provided below:  What is simple assault? Can yelling, threatening or spitting on someone be simple assault?  What is the difference between simple assault and domestic assault?  What are my possible defenses?   What will happen at my initial court appearance?  Will I go to jail?  Will “first-time offenders” receive preferential treatment?  Will an arrest for simple assault go on my record?  Can I seal or expunge a criminal record for simple assault?  Do I need a lawyer?  How can I find out more about the allegations in my case?

What is simple assault in D.C.?

There are two forms of misdemeanor (or “simple”) assault in Washington, D.C.:  (1) attempted-battery assault and (2) intent-to-frighten assault.  D.C. Criminal Code § 22-404.  

In order to prove attempted-battery assault, the prosecution must prove beyond a reasonable doubt that the defendant used force or violence either to injure someone or to try to injure someone.  The prosecution must also prove that the defendant intended to use force or violence against that other person. In other words, the defendant’s actions must have been intentional, not a mistake or accident.  Finally, the prosecution must prove that at the time of the attempted battery, the defendant had the “apparent ability” to injure the person.

Similarly, there are three elements to the criminal offense of intent-to-frighten assault.  First, the government must prove beyond a reasonable doubt that the defendant committed a threatening act that reasonably would create in another person a fear of immediate injury.  Second, the government prove that the defendant intended either to cause injury or to create fear in the other person.  Finally, the government must prove that at the time of the alleged assault, the defendant had the apparent ability to injure the other person.

“Injury” is defined as any physical injury, however slight, and includes an “offensive touching.”  The penalty for either form of this type of assault is $1,000 and/or imprisonment of up to 180 days.  D.C. Code §22-404.

Simple assault in D.C. has traditionally been viewed as a “general intent” offense.  According to this approach, it is enough that the defendant intended to perform the action(s) (swinging his arm,  for example) that constituted the offense.  In recent years, however, the D.C. Court of Appeals has suggested that it might be moving toward a definition of intent that is more consistent with the Model Penal Code.  In that case, the government would need to prove some type of evil intent — or malice — on the part of the defendant.   In Williams v. United States, for example, 887 A.2d 1000 (D.C. 2005), the Court held that the government needed to prove more than that the defendant had thrown the shoe.  It also needed to prove that the defendant had aimed his throw at the complainant.  Similarly, in Buchanan v. United States, 32 A.3d 990 (D.C. 2011), the Court rejected the government’s argument that an assault conviction could be sustained “so long as [defendant] intended the act of flailing his arms, even if he did not mean to strike the officer.”  

Can yelling at or threatening someone be simple assault?

Yes.  Simple assault does not require actual touching of the victim’s body.  The question is whether the offending actions put the person in reasonable fear of imminent bodily injury.  

Can spitting on someone constitute simple assault?

Yes.  Simple assault includes the nonconsensual touching of a person’s body.   Such touching does not necessarily require body-to-body contact.  

What is the difference between “simple assault” and “domestic assault”?

“Domestic violence” is a general category of criminal conduct that can include a number of offenses, including simple assault, destruction of property, criminal threats, and unlawful entry.  In other words, assuming the conduct involves two parties who are involved in some type of domestic relationship (that is, they are related or are involved in a romantic relationship), simple assault can be a subset of domestic violence. 

What are my possible defenses?

Self-defense, defense of others, and defense of property are all valid defenses to assault.  For example, a person is entitled to use a reasonable amount of force in self-defense if (1) the person actually believes that he or she is in immediate danger of bodily harm and (2) he or she has reasonable grounds for that belief.

What will happen at my initial court appearance? 

A criminal case in the District will typically involve at least three court hearings:  arraignment, initial status hearing, and trial.   The first hearing is the arraignment.  The purpose of the arraignment is for the defendant to hear the charges and to enter a plea. The court will also advise the defendant of the right to counsel, and the government will turn over initial “discovery,” including paperwork related to the charges. 

Initial arraignments are held in Room C10 of D.C. Superior Court, located at 500 Indiana Avenue, NW.  C10 is on the lower level of the court building. “Citation arraignments” begin at 10:00 am.  Arraignments for people who have been detained pending the hearing begin at 1:00 pm. 

An initial status hearing is typically scheduled three or four weeks from the arraignment.  This period of time gives the defendant’s lawyer an opportunity to discuss the case with the assigned prosecutor from the U.S. Attorney’s Office.  The parties will then decide either to schedule a trial date or to enter into some type of non-trial disposition.  

Will I go to jail?

The maximum sentence for simple assault in D.C. is a maximum period of incarceration of 180 days and/or a fine of up to $1,000.  That said, it would be unlikely for someone who does not have an extensive criminal record to receive anywhere close to that sentence.  As described in greater detail below, “first-time offenders” will often be offered some type of “pre-trial diversion program.”

Will first-time offenders receive special treatment?  

Prosecutors will typically offer “first-time offenders” (that is, people who have never been arrested before) a non-trial alternative for resolving their cases. According to a Deferred Prosecution Agreement (DPA), for example, the defendant agrees to perform community service in exchange for the government’s agreement to dismiss the charges upon successful completion. 

More typical in a simple assault case is a Deferred Sentencing Agreement (DSA).  According to this voluntary agreement between the government and defendant, the defendant agrees to waive his/her right to trial and to plead guilty to the charged offense.  However, instead of proceeding to sentencing, the government provides the defendant with an agreed period of time (typically four months to a year) to complete an agreed upon set of conditions, usually to include community service.   If the defendant completes these conditions successfully, the court allows him/her to withdraw the guilty plea, and the government will dismiss the charges.  This means that the defendant does not end up with a conviction on his/her record.  If, however, the defendant fails to abide by his/her end of the agreement, the court will enter the guilty plea into the record and sentence him/her accordingly.

How will the Covid-19 pandemic affect my case?

D.C. Superior Court is currently closed for misdemeanor cases such as simple assault.  Arraignment for new cases and status hearings have been pushed back to November 9, 2020 at the earliest.  Trials will not be held until well into 2021.  However upsetting this may be, such a delay can also work in the defendant’s favor.  The government for example, may be less likely to file formal charges with regard to new arrests.  It may also offer better diversion options.  

Will an arrest for simple assault go on my record?

Yes.   Any time you are fingerprinted and photographed in connection with an arrest, there will be a “record” of that arrest.  This record will be retained by both local law enforcement agencies (in this case, the Metropolitan Police Department) and by the Federal Bureau of Investigation (FBI).  If you are arrested AND charged with the offense, the record will also be publicly available through the D.C. Superior Court website.  As described in greater detail below, the record can only be removed by filing a motion to seal or expunge the record.  

Can I seal or expunge a criminal record for simple assault?

A criminal record for simple arrest can be sealed either immediately on the grounds of actual innocence or after two years in the interests of justice.   Successfully sealing your record on the grounds of actual innocence (D.C. Code § 16-802) has the effect of restoring you to the legal position you occupied before the arrest.  In other words, it is as if the arrest never happened.  Sealing your record based on the interests of justice (D.C. Code § 16-803) will mean that the record is no longer publicly accessible.  It also means that, under most circumstances, you will not need to disclose the fact of the arrest.  A conviction for simple assault that does not involve a “domestic partner” can be sealed after eight years.

Do I need a lawyer?

Yes.  Although you have the right to defend yourself, the court will actively discourage you from doing so.  This is because of the enormous stakes and complexity involved in a criminal case. If you cannot afford a lawyer, the court will appoint one to represent you. 

If you have been charged with assault in D.C. and are looking for an attorney with experience dealing with this type of case in D.C. Superior Court, please contact Jamison Koehler at 202-549-2374 or   Mr. Koehler promises to try to resolve the matter as quickly and as discreetly as possible. First-time offenders should be eligible for some type of diversion program.

How can I find out more about the charges in my case?

Although your lawyer will be given a copy of the full police report and other pieces of “discovery” at your initial court appearance, you can obtain a copy of an abbreviated police report — the PD-251 — in advance of that hearing by contacting the Metropolitan Police Department.  Instructions on obtaining a copy of your PD-251 are provided here.

Last update:  August 23, 2020

Do you need legal assistance with a Simple Assault charge in Washington, D.C.? Contact Jamison Koehler today.

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