Can people fight assault charges due to a lack of injuries?

On Behalf of | Oct 13, 2025 | Violent Crimes |

Any violent criminal conviction is likely to result in major consequences for a defendant. Even in cases where they secure a minimal sentence, the record of their conviction can haunt them for years.

Those accused of any sort of violent offense may want to fight their charges by taking the case to trial instead of pleading guilty or negotiating a plea bargain. While assault is a less serious charge than manslaughter or murder, it is still a concerning criminal allegation.

Could a person accused of assault fight their charges by proving that the other party involved did not sustain significant injuries?

Injury isn’t necessary for assault charges

There are many different degrees of assaults. The state can pursue assault charges even in cases where no injury occurred. Third-degree assault charges are possible when one person’s words or actions made another person credibly fear for their physical safety. Assault in the third degree is a Class C misdemeanor that could result in up to 30 days in jail and a $500 fine.

The state can also pursue assault charges in cases where there was no intent to harm but rather reckless conduct likely to harm other people. Those accused of assault due to careless behavior could face a second-degree assault charge, which is a Class B misdemeanor. The penalties possible include up to 90 days in jail and $1,000 in fines.

While assault charges involving threats or minimal injuries are less severe than assault cases involving serious bodily harm, they still require an assertive response in criminal court. Partnering with an attorney can help those accused of assault and other violent crimes respond in a manner that reduces their risk of a conviction.