Misdemeanor Assault Offenses and Their Penalties

A crime of violence committed against another individual is usually defined as an assault. The threat of violence associated with force is also considered to be an assault, under the law of the United States of America. Almost all assaults are treated as misdemeanors in America unless it involves the intervention of a law enforcement official. However, serious incidences termed as aggravated assaults constitute a felony, and they cannot be treated as a case of misdemeanor assault.

Simple Assault

A simple assault may often result even if the offender does not have any intention to cause bodily harm. Such cases are treated as simple misdemeanors, and they may even mean a violating of personal space or touching the victim in an inappropriate manner. However, almost all states of the nation now follow a common statute in order to differentiate a misdemeanor assault from felony. 

The American law categorically states that; "an attempt to cause or purposely, knowingly, or recklessly cause bodily injury to another; or, negligently causing bodily injury to another with a deadly weapon" is known as a misdemeanor.  Some states also accept that threatening another individual with bodily harm or attempting to injure another person is a misdemeanor.

Harassment is another prime example of a misdemeanor assault. Kicking, shoving, or threatening a person with dire consequences are treated as instances of misdemeanors as well. The use of a vehicle in order to injure a person may also be considered as a case of misdemeanor assault if the victim manages to get away with minor injuries.

Misdemeanor Charges

While misdemeanors are considered to be lesser in magnitude than felonies, assaults, or attempted assaults, they are punished severely in most states. A hefty monetary fine, coupled with incarceration, usually in a local jail house, is the penalty for offenders charged with assault. A simple assault as well as other kinds of misdemeanor assaults are considered to be Class A misdemeanors with the offender facing at least a year of jail time. A monetary fine amounting up to $4,000 may be charged in addition to sentencing the offender to jail.

The charge may become a felony in the case of a repeated offense. An assault is also considered to be a Class 1 or Class A misdemeanor in the states of North Dakota, Virginia, North Hampshire, and several states across the nation.
 
The trial section for misdemeanor charges in the District of Columbia handles the usual cases of assaults, while the domestic violence unit of the department handles the misdemeanor assaults, arising from domestic squabbles. The misdemeanor assistants assigned to the teams deal with both jury as well as the non-jury trials of misdemeanor assaults apart from assisting the team in a variety of court room proceedings in the United States of America.

It is possible to get details of the misdemeanor proceedings by accessing http://www.justice.gov/usao/dc/Divisions/Superior_Court_Division/Misdemeanor/ over the Internet.

Consequences of a Misdemeanor Charge

A misdemeanor charge becomes a matter of public record once you are convicted of assault. While the penalty may include incarceration for a period of twelve months, you may have to face a certain degree of social ostracism once you return to mainstream society. Difficulty in obtaining a professional license may be felt, especially if you were charged with unintended assault with the aid of a vehicle.

Apart from a driver's license, a number of other certifications are required in order to seek employment and that may also be withheld for a period of time.

Offenders charged with a misdemeanor for assault often have to put in a substantial amount of time doing community service as well.

While there are no civil restrictions placed on a misdemeanor charged with assault, details of the court trials can be accessed by the members of the general public with all transcripts as well as tapes that are available for a fee.

Records of misdemeanor, especially assault misdemeanors, can be easily accessed by prospective employers unless they are restricted by the state. The records pertaining to misdemeanor assaults usually stay in the databases for life. Expunction, or sealing of the records, can be done by going through the entire process of expunction, which is akin to filing a civil suit. However, instances of assault misdemeanors being expunged are extremely rare. Regardless, there is no restriction for obtaining employment with the law enforcement agencies or the armed forces of the country.

Misdemeanor Assault Records Search

Misdemeanor records are public records, and most Class A misdemeanors can be found out by accessing the official website of the state department of police. The New Hampshire state police department, located at Department of Safety Building, 33 Hazen Drive, Concord, NH 03305 - First Floor, Room 124 has a prominent criminal records unit.

You will need to apply in person for obtaining specific criminal records, including misdemeanor records. The service entails a charge of $25 for each search conducted by the department. The New York State Police Department, on the other hand, can be mailed at New York State Police, Public Information Office, Bldg. 22, 1220 Washington Ave., Albany, New York 12226 for relevant information on misdemeanor convictions for assault.

The resources for other state enforcement agencies can be found by checking out the official websites over the Internet.

Contacting the clerks of various trial courts may also help you obtain information on the misdemeanor assault records. The contact information as well as the official websites for all the courts across the nation can be accessed by following links from http://www.uscourts.gov/courtlinks/.
 
Records of all federal misdemeanors can be obtained from the FBI’s rap sheet or Record of Arrest and Prosecution by mailing in your request at the FBI CJIS Division – Record Request, 1000 Custer Hollow Road, Clarksburg, West Virginia 26306.

You can also learn about the process by accessing the FBI website at http://www.fbi.gov/hq/cjisd/fprequest.htm. However, the requests for obtaining information on misdemeanors are confined to the offender alone and checking out the criminal records for instances of misdemeanor assaults of a third person can only be granted if you submit your request through the State Identification Bureau of the offender’s state of residence.