District of Columbia Self-Defense - Assault
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FAQ
Simple Assault - DC Code § 22-404(a)(1) constitute the assault.
On the low end, there is the misdemeanor crime of simple assault. Courts consider this charge the least serious form of criminal assault in DC, and it carries a maximum penalty of 180 days in jail and a $1,000 fine.
§ 22?404. Assault or threatened assault in a menacing manner; stalking. (a)(1) Whoever unlawfully assaults, or threatens another in a menacing manner, shall be fined not more than the amount set forth in § 22-3571.01 or be imprisoned not more than 180 days, or both.
Every person has the right to use a reasonable amount of force in self-defense if (1) s/he actually believes s/he is in imminent danger of bodily harm and if (2) s/he has reasonable grounds for that belief. The question is not whether looking back on the incident you believe that the use of force was necessary.
When a person is charged with misdemeanor simple assault; they face a maximum penalty of up to 180 days in jail and fines up to $1,000. When a person is charged with felony assault, they face a maximum penalty of up to three years of prison and fines up to $12,500.
For instance, federal law divides assault into a felony punishable by 10 years imprisonment and a misdemeanor punishable by one-year imprisonment. Similarly, the states divide assault into misdemeanors and felonies. A misdemeanor carries a potential jail term of less than one year.
§ 22?402. Assault with intent to commit mayhem or with dangerous weapon. Every person convicted of an assault with intent to commit mayhem, or of an assault with a dangerous weapon, shall be sentenced to imprisonment for not more than 10 years.
Learn how the law defines and penalizes misdemeanor or simple assault crimes. Misdemeanor assaults are the least serious among assault and battery crimes and usually don't involve serious injury. This crime might be referred to as simple assault in your state.
