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An assault is an intentional and unlawful threat, either by word or act, to do violence to victim and at the time the defendant appeared to have the ability to carry out the threat and the act of the defendant created in the mind of the victim a well-found fear that the violence was about to take place.

Example: defendant drew back his fist and told the victim he was going to knock her lights out. This is an assault.

Assault is a misdemeanor of the second degree punishable by up to 60 days in jail and a $500.00 fine.

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John P. Rutkowski, Attorney at Law, is focused on all aspects of Criminal Defense, State and Federal Courts, Post Conviction Relief, Criminal Appeals and Traffic Offenses. Contact me today for a free telephone consultation.