If I assault someone and he does not have real physical damage, can Ibe charged with2nd. degree assault?
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If I assault someone and he does not have real physical damage, can Ibe charged with2nd. degree assault?
I punched someone in the face. I am 15; he is 15. I went up to him and punched him one time then walked away. He claims that he has pain in his jaw still, and this happened over a month since this happened. By OR law is there a possibility that I could actually be criminally charged?
Asked on October 8, 2010 under Criminal Law, Oregon
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
1) You can be charged with assault even without there being significant physical damage--assault is the act of offensive, not permitted contact. Obviously, more serious injuries can result in more serious forms of assault being charged, but any unwarranted contact could result in assault.
2) If you are charged, in the absence of serious injuries, you'd most likely be charged and tried as a juvenile, so in that sense, it is significant that there was no serious injury (or any weapons used).
3) If the target of your assault has required any medical case, or has suffered any disability or continuing pain, it is also possible you could be sued in civil court for his out-of-pocket costs or as compensation for his injuries or damages.
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