If you are a fan of movies, you likely have seen a scene in which a young couple is in a lover’s quarrel and the female character gets fed up with the conversation or the young man says something she doesn’t like, and she slaps him across the face. This is so commonplace in movies, especially in romantic comedies, that many people are surprised to hear that slapping someone is actually illegal. The simple answer to whether slapping someone is considered assault is yes. The longer answer will be discussed in the following article.
What Is Assault?
The first part to answering the question of why slapping someone is considered assault is to define what assault is. The definition of assault varies, but it is generally understood to be the act of trying to injure someone else. The act of physically harming someone is certainly considered to be assault, but even the threat or attempt to try to physically hurt someone is also considered to be assault.
There are several different types of assault. The first is verbal assault, which is essentially a threat of physical injury, without actually touching the person. Another type of assault is sexual assault, which constitues any sexual touch that occurs without the consent of the victim. Then there is simple assault and aggravated assault. Simple assault is when someone is injured from a physical attack or was simply afraid that such an attack would occur. Aggravated assault is the most serious form of assault, as it involves the victim being physically injured with a weapon such as a knife, gun or a bat.
Why Slapping Someone Is Considered Assault
So now that assault has been defined and can be understood, the question of whether slapping someone is considered assault can be addressed. Slapping someone involves the physical contact of hitting your hand across another person’s face or other part of their body. The physical contact itself makes the act assault, but it would most certainly be considered assault if there was force in the slap. If the victim of the slap was fearful of being slapped, that in itself may be considered assault, depending on the state.
Based on the state where the charge occurs, the severity of the charge may differ. As previously mentioned, there may be times when even the threat of slapping someone may be considered assault. The individuals involved will also pay a part in how the charge is given. If the plaintiff and the defendant were in a partner relationship, then the case will likely become a domestic abuse case. The number of occurrences of this type of behavior will also likely have an impact on the charge and the verdict of the case.
Also, if the person who was slapped was a child and the person who committed assault was an adult, the case will certainly become a child abuse case. One of the only ways that a slap would not be considered assault would be if it was in self defense or in the defense of another person. The other way that it would not be considered assault would be if it was an accident. So essentially, the person accidently hit the other individual.
Are You In Need Of Legal Representation?
It is serious to be accused of assault or of domestic violence. We at Kaufman, Nichols & Kaufman Attorneys at Law understand the severity of such an allegation. That is why we offer resources to those who have been accused of assault. If you are in need of legal representation, do not hesitate to reach out to us. We would be happy to answer any questions that you may have.