Misdemeanor assault, or “simple assault,” is basically an attempt to commit a battery. It can also be defined as any act that is made with the intent to create a reasonable fear of injury in the victim. An example of misdemeanor assault is where a person swings their fist at a person intending to create a fear of injury in the victim.
A person who is charged with misdemeanor assault may have a number of defenses that apply to their situation. Some defenses to misdemeanor or simple assault include:
Self-defense: The defendant must reasonably believe that their own safety was first threatened. They must respond only with an appropriate amount of force, and they cannot initiate the use of physical force.
Lack of intent: The physical act was not accompanied by an intent to create fear in the victim (i.e., the act was an accident).
Defense of others: The defendant can use force to defend others; however they must have a reasonable belief that the person being attack would be entitled to self-defense.
Defense of Property: Some states allow a reasonable amount of force in defending against intruders on personal property. However, deadly force is generally not allowed, unless the intruder has threatened with deadly force.
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