Simple assault in DC is a misdemeanor under D.C. Code § 22-404, punishable by up to 180 days in jail and a fine of up to $1,000.1D.C. Law Library. D.C. Code 22-404 – Assault or Threatened Assault in a Menacing Manner; Stalking2D.C. Law Library. D.C. Code 22-3571.01 – Fines for Criminal Offenses You don’t need to leave a mark, and you don’t even need to touch the other person. A threatening gesture that puts someone in reasonable fear of immediate harm is enough. The real stakes often sit outside the statute itself: who the alleged victim is, how badly they were hurt, and whether the incident happened inside a domestic relationship can turn a 180-day misdemeanor into a felony or a lifetime firearms ban.
What Counts as Simple Assault
DC law recognizes two separate ways to commit the offense, and the evidence looks different in each one.
The first is attempted-battery assault. This covers any voluntary attempt to physically injure someone using force or violence, including completed acts of unwanted contact like pushing, grabbing, slapping, or spitting. The contact doesn’t have to cause pain or visible injury. If a reasonable person would consider the touching offensive or provocative, that’s enough. A shove during an argument or yanking someone’s arm can support a charge even if the person walks away unharmed.
The second is intent-to-frighten assault, and no physical contact is required. The government has to show you committed a threatening act meant to make the other person fear immediate bodily harm. Cocking a fist, lunging, or raising an object as if to strike are the classic examples. The threat has to be credible in the moment. A vague statement about future harm probably won’t qualify; getting in someone’s face so they genuinely believe they’re about to be hit will.
What the Prosecution Has to Prove
For attempted-battery assault, the prosecution must prove beyond a reasonable doubt that you attempted to cause physical injury, that you used force or violence, and that you acted voluntarily rather than by accident or reflex. The voluntariness element is where many cases get contested. Bumping into someone on a crowded Metro platform isn’t assault. Shoving them after an argument is.
For intent-to-frighten assault, the government must show you committed a threatening act, that you intended to create a reasonable fear of immediate bodily harm, and that you acted deliberately. The alleged victim’s reaction matters here. If the person wasn’t actually afraid, or if no reasonable person in their position would have been, the case weakens.
Under either theory, the prosecution doesn’t need to prove you actually intended to follow through on the violence. The focus is on what you did and what was in your mind at the time, not whether you would have completed the act.
Penalties for a Conviction
Simple assault under § 22-404(a)(1) is a misdemeanor carrying up to 180 days in jail and a fine of up to $1,000. The judge can impose both. First-time offenders with no criminal history rarely see the full 180 days in practice; probation, community service, or anger management classes are common substitutes. Repeat offenders or defendants with a prior record face harsher treatment within the same statutory limits, and a judge who might give a first-timer probation is far more inclined to impose jail on a second trip through the system.
The court will also likely order you to contribute to the Victims of Violent Crime Compensation Fund. That assessment is separate from the statutory fine and adds to the total financial cost of the conviction.3D.C. Law Library. D.C. Code 4-515 – Crime Victims Compensation Fund
Simple assault cases are tried in D.C. Superior Court, not federal court. The government has three years from the date of the incident to bring charges under D.C. Code § 23-113(a)(5).4D.C. Law Library. D.C. Code 23-113 – Limitations on Actions for Criminal Violations
When the Charge Escalates
DC law builds a clear penalty ladder, and the rungs above simple assault carry dramatically higher stakes. Three situations do most of the escalating.
Significant Bodily Injury
If the alleged victim suffers “significant bodily injury,” the charge jumps to a separate offense under § 22-404(a)(2), punishable by up to three years in prison. The government must prove you acted intentionally, knowingly, or recklessly in causing the injury. A single punch that breaks someone’s nose or a push that causes a concussion can land you here. The line between a 180-day misdemeanor and a three-year felony often comes down to how badly the other person was hurt, which you can’t control once a fight starts.
Aggravated Assault
Aggravated assault under § 22-404.01 is the most serious non-homicide assault charge in DC. It applies when someone knowingly or purposely causes “serious bodily injury,” defined as injury involving a substantial risk of death, protracted disfigurement, extended loss of consciousness, third-degree or worse burns, or a gunshot wound. It also covers conduct that creates a grave risk of serious bodily injury even if the worst outcome never materializes. A conviction carries up to 10 years in prison.5D.C. Law Library. D.C. Code 22-404.01 – Aggravated Assault
Assault on a Police Officer and Other Public Employees
Assaulting certain public employees while they’re performing their duties is charged separately under D.C. Code § 22-405, commonly called an APO. Despite the name, the statute protects police officers, firefighters, EMTs, paramedics, correctional officers, juvenile supervision staff, government investigators, and code inspectors, among others. A misdemeanor APO conviction carries up to six months in jail and a fine. The felony tier is what hurts: if the assault causes significant bodily injury or involves a violent act creating a grave risk of such injury, it becomes a felony punishable by up to 10 years in prison.6D.C. Law Library. D.C. Code 22-405 – Assault on Member of Police Force, Campus or University Special Police, or Fire Department The statute also closes off one common defense: you cannot use force to resist an arrest by someone you have reason to believe is a law enforcement officer, even if the arrest turns out to be unlawful.
Domestic Relationships
When the alleged victim is an intimate partner, family member, or household member, a simple assault charge is classified as an “intrafamily offense” under D.C. Code § 16-1001. The definitions sweep wide. Intimate partner includes anyone you’re currently or were previously in a romantic, dating, or sexual relationship with. Household member covers anyone who shared your residence in the past year and maintained a close relationship with you beyond a landlord-tenant arrangement.7D.C. Law Library. D.C. Code 16-1001 – Definitions
The intrafamily label triggers consequences well beyond criminal penalties. The alleged victim can seek a Civil Protection Order requiring you to stay away from the home, workplace, or school, and barring contact. Violating that order is a separate criminal offense. The federal firearm consequences are described below and are the single most-overlooked piece of a DC domestic assault case.
Defenses That Actually Work
The strongest defense in most cases is self-defense, and DC’s version of the doctrine is relatively favorable to defendants. You can use reasonable force to protect yourself if you genuinely believe you’re in imminent danger of bodily harm and a reasonable person in the same situation would share that belief. DC has no duty to retreat. If you’re somewhere you have a right to be and aren’t engaged in illegal activity, you can stand your ground. The catch is proportionality: the force you use can’t exceed what’s reasonably necessary to stop the threat. A shove in response to a shove is defensible. Beating someone unconscious because they pushed you once is not.
Once self-defense is raised, the burden flips. The prosecution must disprove the claim beyond a reasonable doubt rather than making you prove you were justified.
Other defenses come up regularly:
- Accident or involuntary contact. Both assault theories require voluntary, purposeful action. If the contact was genuinely accidental, there’s no assault.
- Lack of intent to frighten. For intent-to-frighten assault, the prosecution must prove you meant to scare the other person. Animated gestures during an argument aren’t necessarily assault if you had no intent to create fear of physical harm.
- Defense of others. The same self-defense principles apply when you use reasonable force to protect a third party from imminent harm.
- Defense of property. DC allows reasonable, non-deadly force to protect your property from immediate interference, though the bar is higher than for self-defense and the circumstances where this applies to an assault charge are narrow.
Avoiding a Conviction Through Diversion
Not every simple assault case ends in a conviction. The U.S. Attorney’s Office for DC offers deferred sentencing agreements, especially in domestic violence misdemeanors. In a typical agreement you enter a guilty plea, the court delays sentencing while you complete conditions like a domestic violence intervention program, anger management, substance abuse treatment, community service, and compliance with a no-contact order. Finish every requirement and you can withdraw the plea; the charges are dismissed.8U.S. Department of Justice. District of Columbia Diversion Programs
Eligibility isn’t automatic. You’ll generally be disqualified if you have a prior felony conviction for a violent crime or a felony gun conviction within the last 10 years, a prior domestic violence misdemeanor conviction within the last 5 years, a significant history of violence against the alleged victim, or if the offense involved a firearm or caused serious injuries. The agreements typically last about nine months.
For non-domestic assault cases, diversion depends heavily on the circumstances and the prosecutor’s discretion. Mental health court may be an option if a diagnosed condition contributed to the incident.
Consequences That Outlast the Sentence
The jail time and fine are often the least of it. A simple assault conviction creates a permanent criminal record that shows up on background checks for employment, housing, and professional licensing. Many employers in healthcare, education, government, and security treat any violent misdemeanor as disqualifying. Even where it’s not an automatic bar, you’ll need to disclose and explain the conviction on most applications. Licensing boards in DC run background checks and can deny, suspend, or revoke a license based on a violent offense.
If the conviction qualifies as a misdemeanor crime of domestic violence, 18 U.S.C. § 922(g)(9) permanently prohibits you from possessing firearms or ammunition. There is no exception for military service members, law enforcement officers, or anyone else. The prohibition applies retroactively to convictions that predate the 1996 law, and the only paths to restoring firearm rights are a federal pardon or expungement.9Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Most people never see this coming, and it’s irreversible without extraordinary relief.
For non-citizens, any crime involving moral turpitude can trigger removal proceedings or bar you from adjusting immigration status. Assault frequently qualifies. A misdemeanor push during an argument can end in deportation.
Sealing the Record Later
A simple assault conviction stays on your record permanently unless you act to seal it. Under the Second Chance Amendment Act of 2022, you can file a motion to seal a misdemeanor conviction once at least five years have passed since you completed your sentence, including any probation or parole.10D.C. Law Library. D.C. Law 24-284 – Second Chance Amendment Act of 2022
Sealing a conviction is not automatic. You must file a written motion and show by a preponderance of the evidence that sealing serves the interests of justice. The court weighs your interest in moving past the record against the community’s interest in rehabilitation and the public’s interest in retaining access to criminal records, including the ability of employers to make informed hiring decisions. The nature of the offense, your conduct since the conviction, employment history, and any victim statements all factor in.
If your case was dismissed, resulted in acquittal, or charges were never filed after an arrest, the path to sealing is faster and more straightforward. Cases that end favorably are eligible for sealing without the five-year wait.