Assault Victim Rights

Depending on the specific jurisdiction, criminal assault entails some form of intentional action by an individual that causes another individual or group of individuals, to fear imminent physical harm or some form of unwanted contact.  Assault, contrary to popular belief, does not necessarily need to include actual physical contact, but rather, the creation of the fear of physical harm by a victim. 

Essential Elements of Criminal Assault

Finding guilt in criminal assault cases requires proof of assault with intent.  The assailant must have intended to inflict a fear of imminent personal injury or harm.  Intent is grouped into two categories, general and specific.

• General intent on behalf of an assailant is formed during the commission of an actual act intended to cause physical harm or some other form of offensive contact.
• Specific intent is formed when an assailant purposely invokes fear of harm in the victim, but can clearly demonstrate no intent to carry through with the threatening actions.

The courts use a guideline of establishing fear of imminent physical harm or contact by gauging the response of a reasonable person.  Different considerations for at-risk groups, such as children, the mentally disabled, and the elderly, are also in place, as well as situational considerations when establishing assault charges against an assailant.

Penalties of Criminal Assault

Depending on the specific case, a criminal assault charge may result in imprisonment, fines, or some other alternative sentence.  These punishments are case-specific, and in most jurisdictions, the laws only establish a guideline for judges during sentencing.  Aside from the criminal consequences of their actions, assailants can also be held responsible in civil courts for damages incurred by victims. 

Rights of Assault Victims

Local, state, and federal laws are in place to protect the assault victims rights and other crimes of violence.  These rights will typically include:

• Law enforcement notification of the arrest of a suspect
• Prosecutor notification regarding making victim impact statement in court
• Department of Corrections notification of the release of an inmate, as well as any escape
• Department of Corrections notice to attend parole and other hearings

Additional rights, depending on the state, may include compensation from the crime victims’ restitution fund, as well as counseling and other help for assault victims. 

Finding Legal Help

If you feel that you are the victim of a criminal assault, immediately report these criminal allegations to the local police department in the area where the crime occurred.  If there is sufficient evidence to warrant an arrest, law enforcement will do so, provided they can find a suspect.  Following an arrest, assault cases will be reviewed by the prosecutor’s office, which will decide whether to proceed with the case or drop charges.  Victims wishing to undergo civil actions against their attacker must contact a personal injury attorney as soon as possible to determine their legal rights and the best course of action.