Assault charges in DC range from simple assault to serious felonies. The level of charge affects not just penalties but also your future.
Key Takeaways
- Simple assault is a misdemeanor
- Assault with dangerous weapon is a felony
- Self-defense may be available
- Domestic violence cases have special procedures
Levels of Assault
- Simple assault: Attempt or threat to cause injury
- Aggravated assault: Serious bodily injury
- Assault with dangerous weapon: Use or display of weapon
Self-Defense: The Affirmative Defense
Admitting you hit someone but claiming "Self-Defense" is risky but often necessary. In DC, you can use a reasonable amount of force to protect yourself if you actually believed you were in imminent danger of bodily harm.
Crucially, words alone are never enough justification for physical force. The other person must have made a physical threat or action. Also, you cannot claim self-defense if you were the initial aggressor or if you escalated a fistfight into a gunfight.
The "Stay Away" Order Trap
At your arraignment (first court appearance), the judge will almost certainly issue a "Stay Away / No Contact" order regarding the accuser. This is strictly enforced. If the accuser texts you "I'm sorry, let's talk," and you reply, YOU have violated the order and can be jailed for contempt of court. Even if they invite you over.
Domestic Violence Enhancements
DC has an "Intrafamily Offense" statute. If an assault occurs between partners, family, or roommates, it is flagged as domestic violence (DV).
The Federal Gun Ban: Under federal law (Lautenberg Amendment), a conviction for a misdemeanor crime of domestic violence creates a lifetime ban on owning a firearm. This destroys careers in law enforcement, military, and security.
Immigration Consequence: A DV conviction is a standalone ground of deportability. Even a "Simple Assault" becomes a deportable offense if the victim fits the domestic category.
Your Freedom is On the Line—Don't Wait
Criminal charges move fast. The decisions you make in the first 24 hours—like speaking to police or consenting to a search—can decide your future. We are available for urgent legal representation.
We offer a free, confidential consultation to discuss defense strategies.
Speak to a Defense AttorneyWhat is the difference between Simple and Aggravated Assault?
Simple Assault is a misdemeanor (max 180 days jail). Aggravated Assault involves "serious bodily injury" (broken bones, loss of consciousness, risk of death) and is a felony carrying up to 10 years in prison.
Disclaimer: This article is for general information only and is not legal advice.