Non-aggravated assault and non-aggravated family violence assault are class A misdemeanors. An assault occurs if the accused recklessly or intentionally causes bodily injury to the complainant. Bodily injury is often described as an act that causes pain. It is not necessary that there be physical evidence of an injury such as a bruise or broken lip; however, lack of a visible injury may make the case very defendable and ultimately result in a dismissal or an acquittal.

An assault can also be committed by threatening another with bodily injury. The threat must be imminent. The threat to cause the injury has to be now and not some unknown distant time in the future. Assault by threats is seldom prosecuted without witnesses while the physical assaults by injury are usually prosecuted with the only witness being the alleged victim.

If the complained of contact did not cause pain but was only offensive, it is a class C assault. Class C assaults are normally prosecuted in Municipal Court. Class C family violence assaults have many of the same risks as the Class A family violence assaults.

Many defenses may be applicable in an assault case such as self-defense or defense of a third party. All defensive issues need to be investigated to determine if they apply.

A common issue in assault cases is whether the county prosecutor can proceed with the prosecution when the complainant has decided to drop the charges. This happens when the spouse or friend has decided not to assist the prosecution in its efforts. Often the arrest and charges stem from a complaining party only wanting a roommate, friend, or spouse removed from their home and therefore they contact the police asking for assistance in ejecting the defendant. In order to get the defendant removed, the complaining party enhances what transpired to include an assault. Later after everyone has calmed down the complainant tries to retract the statement. In most cases the prosecutor will not just dismiss the case based upon a retraction.

The legal issue is often whether the State can obtain a conviction without the cooperation of the party that was allegedly assaulted. This analysis depends on whether the defendant's right to confrontation is violated by having someone reiterate what the complainant said outside of court.

Family violence assault convictions carry numerous disabilities. Because of the Lautenberg amendment someone convicted of a family violence assault is banned from ownership and use of guns or ammunition; furthermore, a restraining (protection) order for domestic abuse will also result in the prohibition. The Lautenberg amendment has resulted in some servicemen being discharged from the military because they could no longer carry a weapon.

Pleading to a straight assault without the court making a family violence finding is not a guarantee that the federal prosecutor will not pursue a case for unlawful possession of a weapon as a violation of the Lautenberg amendment. A recent U.S. Supreme Court case makes it clear that a defendant can be found in violation of the Lautenberg amendment even if the assault did not contain any family violence elements. The prosecutor can investigate the underlying facts of the assault to show that it did involve a family member.

Deferred adjudications in family violence assaults do not provide the insulation that deferred prosecution provides in other cases. A second offense for family violence assault is a felony of the third degree even if the first offense was resolved with a deferred adjudication. Also, the Lautenberg amendment should be researched to determine whether a deferred adjudication will trigger its prohibitions.