Simple Assault in Washington, D.C.
| Statute | D.C. Code § 22-404 |
|---|---|
| Classification | Misdemeanor |
| Maximum jail | 180 days |
| Maximum fine | $1,000 |
| Court | D.C. Superior Court |
| Common defenses | Self-defense, defense of others, defense of property, lack of intent |
What is simple assault in Washington, D.C.?
Simple assault in Washington, D.C. is a misdemeanor offense under D.C. Code § 22-404 involving either the threat or use of force against another person. Any type of nonconsensual touching, committed with force or violence, can constitute an assault.
There are three forms of misdemeanor, or simple, assault in Washington, D.C.: attempted-battery assault, intent-to-frighten assault, and misdemeanor sexual abuse.
In a simple assault case, "injury" is defined as any physical injury, however slight, and includes an "offensive touching."
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, that the defendant intended to use force or violence against that other person, and that the defendant had the "apparent ability" to injure the person.
Intent-to-frighten assault: the government must prove that the defendant committed a threatening act that reasonably would create in another person a fear of immediate injury, that the defendant intended either to cause injury or to create fear, and that the defendant had the apparent ability to injure the other person.
Misdemeanor sexual abuse: the defendant engages in sexual contact with another person when the defendant should have known it was without that person's permission (D.C. Code § 22-3006).
What does the government have to prove about intent in a simple assault case?
In a D.C. simple assault case, the government must prove that the defendant intended to perform the physical act that constituted the touching. The touching cannot be "inadvertent."
The mental-state requirement for the offensiveness of a touch in a simple assault case may be satisfied by either purpose or knowledge.
Purpose: the conscious object to cause a particular result.
Knowledge: awareness that conduct will practically certainly cause a particular result.
Does simple assault in D.C. require touching someone?
No. Simple assault in D.C. does not require actual touching of the other person's body. Yelling at or threatening someone can be simple assault; the question is whether the offending actions put the person in reasonable fear of imminent bodily injury.
Spitting on someone can also be simple assault in D.C. Simple assault includes the nonconsensual touching of a person's body, and such touching does not necessarily require body-to-body contact.
Is simple assault in D.C. a domestic violence charge?
"Domestic violence" in D.C. 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.
Assuming the conduct involves two parties who are involved in some type of domestic relationship, meaning they are related or involved in a romantic relationship, a simple assault can be a subset of domestic violence.
What are the defenses to a simple assault charge in D.C.?
Self-defense, defense of others, and defense of property are all valid defenses to a simple assault charge in D.C., as is lack of intent.
A person is entitled to use a reasonable amount of force in self-defense if the person actually believes that he or she is in immediate danger of bodily harm and has reasonable grounds for that belief.