Criminal Law/Simple assault

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Expert: - 8/4/2009


Question
What charges constitute a simple assault and how long does it stay on your record?  The plaintiff never went to court but the state charged it to my record. I was only trying to discipline my nephew and things got out of hand. Both of us pass licks, he pressed charges.

Answer
Terrance,

The laws differ in every state.  In other words the definition of "simple assault" in MY state is probably different than in your state.  In MY state the aiming of a punch with no contact, the throwing of an object at someone who is not hit, etc, would be considered simple assault.  Again, this does not mean that is what the crime entails in YOUR state.

Conceivably any criminal charge would stay on your record for the rest of your life.  Your attorney should have explained this to you and also the expungment process which is the process to remove minor charges from your record.  You need to either call your attorney or go to the courthouse and find out how to start the process.

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Jack Toomey

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Please do not ask me about potential jail sentences that you, your friends, or family might receive in court. There is no way for me to know that. Only a judge could answer a question like that. I am also NOT a probation officer or parole officer so I cannot answer questions that relate to parole or probation. Also please keep in mind that every state has different laws. If you are planning to ask a question about a specific law or criminal charge that pertains to your state only it could be difficult to answer. I also cannot give you legal advice on what to do or what not to do in court. Retired police officer with 26 years experience. Worked in the patrol division as well as over 14 years in the detective bureau. Investigated a wide range of crime such as murder, rape, robbery, theft, fraud, missing persons, and other very sensitive crimes. I am available to answer your questions about criminal law and especially as it applies to police work. I taught at the police academy for several years and am especially knowledgeable about search and seizure. Any question about criminal law is welcome! Please don't ask me to do your homework or ask me questions that obviously come from your teachers or professors. I also do not do online interviews or surveys. Young people need to gain face to face interviewing skills. Local police officers usually are very agreeable to assist in these assignments.

Experience

I am a retired police officer with 26 years experience. I investigated almost every type of crime including murder, rape, theft, missing persons, fraud, and domestic abuse. I am very knowledgeable about search and seizure and taught at the police academy for several years on a variety of subjects. I can answer questions that a lot of attorneys cannot since they do not have "street experience".

Education/Credentials
Bachelor of Science degree in Criminolgy from the University of Maryland.

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