To many people, the word assault is synonymous with a physical fight or an attack on another person. They envision someone acting with the intent to harm someone else or an incident that causes injuries severe enough to necessitate immediate medical attention.
Many assault charges begin with an attempt to cause physical injury to another person. However, the state also acknowledges that people can assault one another unintentionally. Reckless and unsafe behavior can sometimes warrant assault prosecution under state statutes.
In scenarios involving unintentional injuries caused by the reckless or unsafe handling of a firearm, the person who discharges the weapon could be at risk of assault charges.
Weapons can cause accidental injuries
Firearms are potentially deadly weapons. Even when people have them solely for hunting or home defense purposes, how they handle the firearm could put others at risk. Firing a weapon into the air, for example, results in the bullet falling somewhere nearby unpredictably, which can cause serious injury or worse.
Whenever a person causes injury to another through the reckless discharge or handling of a firearm, the state may opt to pursue criminal charges. Fourth-degree assault charges are possible in scenarios where a person unintentionally injures someone else through behavior with a firearm that other people could recognize as negligence. The penalties could include up to 364 days in jail and fines of as much as $6,250 for misdemeanor charges.
Fighting assault charges related to an unintentional incident requires a well-prepared strategy, as the state does not necessarily need to prove intent to obtain a conviction. A criminal defense attorney can be an important form of support for those facing firearm-related assault charges.