District of Columbia Assault Laws: Simple vs Aggravated Assault

The District of Columbia does not have a separate battery crime, and its Code never defines assault. D.C. Code 22-404(a)(1) punishes anyone who "unlawfully assaults, or threatens another in a menacing manner" with up to 180 days in jail, a fine of up to $1,000, or both, and the same conduct carries up to 3 years when the person "intentionally, knowingly, or recklessly causes significant bodily injury" (22-404(a)(2)).

Instead of degrees, D.C. grades assault by the injury and the circumstances: aggravated assault (22-404.01), knowingly or purposely causing serious bodily injury, carries up to 10 years; strangulation (22-404.04) up to 5 years; assault with a dangerous weapon (22-402) up to 10 years; and assault on a law enforcement officer on account of or during official duties (22-405) is a misdemeanor of up to 6 months, or a felony of up to 10 years when significant bodily injury results. For other states, see our guide to assault and battery laws by state.

Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers the District of Columbia's assault offenses in Title 22, Chapter 4 of the D.C. Code (sections 22-401 through 22-407), the fine schedule in 22-3571.01, the penalty enhancements in 22-3601 through 22-3604, 22-3611 and 22-3703, the crime-of-violence definition in 23-1331, the firearm-registration bar in 7-2502.03, the intrafamily-offense definition in 16-1001 and the civil filing periods in 12-301 and 12-302. It does not cover self-defense and justification (see District of Columbia self-defense laws), civil protection orders (see District of Columbia restraining order laws), sexual offenses, federal assault crimes (covered on the assault and battery hub) or federal property within the District.

Assault vs. battery in D.C.

The D.C. Code does not use the word battery for a crime. Section 22-404(a)(1) reads:

(a) (1) Whoever unlawfully assaults, or threatens another in a menacing manner, shall be fined not more than the amount set forth in § 22-3571.01 or be imprisoned not more than 180 days, or both.

The section does not say what "assaults" means. The only terms Chapter 4 defines for the assault offenses are "significant bodily injury" (22-404(a)(3)) and "serious bodily injury" (22-404.01(d)). The elements of assault come from the D.C. Court of Appeals. In Powell v. United States, No. 19-CM-48 (D.C. 2020), the court restated the elements of one form, intent-to-frighten assault: the government must show "(1) that the defendant committed a threatening act that reasonably would create in another person a fear of immediate injury; (2) that, when he/she committed the act, the defendant had the apparent present ability to injure that person; and (3) that the defendant committed the act voluntarily, on purpose, and not by accident or mistake." The court added that this form "requires proof that the defendant intended either to cause injury or to create apprehension in the victim by engaging in some threatening conduct."

Threatening someone "in a menacing manner" is part of the same 22-404 offense. A separate section, 22-407, punishes "threats to do bodily harm."

Is assault a felony in D.C.?

The answer turns on the injury and the victim. Section 22-404 does not attach a misdemeanor or felony label; it sets maximum terms:

• Assault or menacing threat: up to 180 days (22-404(a)(1)).
• Assault or menacing threat causing significant bodily injury: up to 3 years (22-404(a)(2)).
• Aggravated assault: up to 10 years (22-404.01(b)).

The officer statute does use the labels. Assault on a law enforcement officer "shall be guilty of a misdemeanor" with up to 6 months (22-405(b)), and a person who causes significant bodily injury to the officer, or "commits a violent act that creates a grave risk of causing significant bodily injury to the officer, shall be guilty of a felony" with up to 10 years (22-405(c)(1)).

D.C. assault offenses and penalties

The fines in the table come from D.C. Code 22-3571.01(b), which the assault sections above point to and which sets the maximum fine by the length of the authorized prison term: $1,000 for an offense punishable by 180 days or 6 months or less but more than 90 days, $12,500 for 5 years or less but more than one year, $25,000 for 10 years or less but more than 5 years, and $37,500 for 15 years or less but more than 10 years.

Significant bodily injury and serious bodily injury

Two defined injury levels drive most of D.C.'s grading.

Significant bodily injury (22-404(a)(3)) means:

(A) An injury that, to prevent long-term physical damage or to abate severe pain, requires hospitalization or medical treatment beyond what a layperson can personally administer; (B) A fracture of a bone; (C) A laceration for which the victim required stitches, sutures, staples, or closed-skin adhesives, or a laceration that is at least one inch in length and at least one quarter of an inch in depth; (D) A burn of at least second degree severity; (E) Any loss of consciousness; (F) A traumatic brain injury; or (G) An injury where medical testing, beyond what a layperson can personally administer, was performed to ascertain whether there was an injury described in subparagraphs (A)-(F) of this paragraph.

Serious bodily injury (22-404.01(d)), the aggravated-assault level, means an injury or significant bodily injury "that involves: (1) A substantial risk of death; (2) Protracted and obvious disfigurement; (3) Protracted loss or impairment of the function of a bodily member, organ, or mental faculty; (4) Extended loss of consciousness; (5) A burn of at least third degree severity; or (6) A gunshot wound."

So the same punch can carry a 180-day maximum, a 3-year maximum or a 10-year maximum depending on whether it causes no qualifying injury, significant bodily injury, or serious bodily injury knowingly or purposely caused.

Assaulting a police officer, firefighter or other protected person in D.C.

Law enforcement officers. "Law enforcement officer" in 22-405(a) is a broad term. It means:

• any officer or member of any police force operating and authorized to act in the District, including any reserve officer or designated civilian employee of the Metropolitan Police Department, and any licensed special police officer;
• any officer or member of any fire department operating in the District;
• any emergency medical technician, paramedic, intermediate paramedic or other member of any emergency medical services department operating in the District;
• any officer or employee of any penal or correctional institution of the District, and any District officer or employee charged with supervising juveniles confined in a District facility;
• any investigator or code inspector employed by the District government; and
• any officer or employee of the Department of Youth Rehabilitation Services, Court Services and Offender Supervision Agency, the Social Services Division of the Superior Court, or Pretrial Services Agency "charged with intake, assessment, or community supervision."

An assault "without justifiable and excusable cause" on such an officer "on account of, or while that law enforcement officer is engaged in the performance of his or her official duties" is a misdemeanor of up to 6 months; with significant bodily injury, or a violent act that creates a grave risk of it, it is a felony of up to 10 years (22-405(b), (c)(1)).

Public vehicle inspection officers. Section 22-404.02 makes assault on a public vehicle inspection officer a misdemeanor punishable by a fine or up to 180 days, and the person's licenses for operating a public vehicle-for-hire are "revoked without further administrative action by the Commission." If the person knowingly or purposely causes the officer serious bodily injury, or causes it through extreme-indifference conduct, the offense is aggravated assault on a public vehicle inspection officer, a felony of up to 10 years with the same license revocation (22-404.03).

Penalty enhancements. Several sections outside Chapter 4 let a court impose up to 1.5 times the maximum fine and prison term:

• Age 65 or older. For "any crime of violence, as that term is defined in § 23-1331(4)," and certain theft, fraud and exploitation offenses, committed against a person 65 or older at the time of the offense (22-3601).
• Citizen patrol members. For listed offenses, including "assault with a deadly weapon, simple assault, aggravated assault," committed against a member of a citizen patrol while participating or because of participation, "if the offense is punishable by imprisonment for more than 1 year" (22-3602).
• Parks property. For a crime of violence against another person "while located on a property administered by the Department of Parks and Recreation" (22-3603).
• Vulnerable adults. For a crime of violence against a person 18 or older with physical or mental limitations that substantially impair the ability to provide for daily needs or safeguard their person, property or legal interests (22-3604).
• Minors. For a crime of violence committed by an adult who is at least 2 years older than a victim under 18; it is an affirmative defense that the accused reasonably believed the victim was not a minor (22-3611).
• Bias-related crimes. A person found guilty of a bias-related crime faces up to 1.5 times the maximum fine and term for the designated act (22-3703).

"Crime of violence" (D.C. Code 23-1331(4)) includes assault with significant bodily injury, aggravated assault, assault with a dangerous weapon, felony assault on a police officer and strangulation, but not ordinary assault under 22-404(a)(1), so the age, parks, vulnerable-adult and minor enhancements do not reach a simple assault.

Strangulation

D.C. made strangulation its own offense in 2024. Under 22-404.04(a), a person commits it by knowingly, intentionally or recklessly restricting "the normal circulation of the blood or breathing of another person, either by applying pressure on the throat, neck, or chest of another person, or by blocking the nose or mouth of another person." The maximum is 5 years. Under 22-404.04(c), the court may impose up to 1.5 times the maximum fine and term if:

• the victim sustained serious bodily injury as defined in 22-404.01(d);
• the person was required, at the time, to stay away from or have no contact with the victim as a condition of parole or supervised release or under a court order; or
• the person was, within 5 years of the strangulation, convicted of an intrafamily offense as defined in 16-1001(8) or a similar offense in another jurisdiction.

A strangulation conviction "merges with any other offense under §§ 22-401 through 22-404.04 arising from the same act or course of conduct" (22-404.04(d)(1)).

Domestic assault in D.C.

The D.C. Code has no separate offense called domestic assault or domestic battery. An assault on a partner or family member is charged under the same Chapter 4 sections. The relationship matters through the "intrafamily offense" category in D.C. Code 16-1001(8), which includes "An offense punishable as a criminal offense against an intimate partner, a family member, or a household member." That category is used for civil protection orders (see District of Columbia restraining order laws) and, as described above, a prior intrafamily conviction within 5 years can raise a strangulation sentence.

Federal law adds its own consequence: under 18 U.S.C. 922(g)(9), a person convicted of a "misdemeanor crime of domestic violence," as defined in 18 U.S.C. 921(a)(33), may not ship, transport, possess or receive firearms or ammunition in or affecting commerce. Under D.C. law, a conviction under 22-404 or 22-407 within the previous 5 years, whether or not the case involved a family member, disqualifies a person from registering a firearm in the District (D.C. Code 7-2502.03(a)(4)(B)). The assault and battery hub covers the federal layer.

Recent changes to D.C. assault law

The Secure DC Omnibus law, D.C. Law 25-175 of June 8, 2024, reshaped the assault chapter:

• it added the strangulation offense, 22-404.04;
• it amended 22-404 (assault), 22-404.01 (aggravated assault) and 22-405 (assault on a law enforcement officer);
• it added the enhancements for crimes of violence on Department of Parks and Recreation property (22-3603) and against vulnerable adults (22-3604), and amended the age-65 enhancement (22-3601).

Civil lawsuits for assault and battery

A criminal prosecution and a civil lawsuit for damages are separate. D.C. Code 12-301(a)(4) sets a short deadline for the civil claims: actions "for libel, slander, assault, battery, mayhem, wounding, malicious prosecution, false arrest or false imprisonment" must be brought within 1 year. The section applies "[e]xcept as otherwise specifically provided by law," and it gives claims for damages arising out of sexual abuse far longer periods: until the victim turns 40 or 5 years from discovery, whichever is later, for abuse before age 35, and 5 years or 5 years from discovery for abuse at 35 or older (12-301(a)(11), (12)). For someone who was under 18, non compos mentis or imprisoned when the claim arose, the period runs from when that disability is removed (12-302(a)). For other filing deadlines, see the District of Columbia statute of limitations guide.

Related legal issues

• Self-defense. Whether force was justified is a separate body of law; see District of Columbia self-defense laws.
• Civil protection orders. See District of Columbia restraining order laws.
• Clearing a record. Whether an assault arrest or conviction can be sealed or expunged is covered in District of Columbia expungement laws.

Related pages

• Assault and battery laws by state
• District of Columbia self-defense laws
• District of Columbia restraining order laws
• District of Columbia expungement laws
• District of Columbia statute of limitations
• Maryland assault and battery laws
• Virginia assault and battery laws

This article provides general legal information about District of Columbia assault law, not legal advice. Laws change, and how they apply depends on the facts. For advice about a specific situation, contact a lawyer licensed in the District of Columbia.

Last updated: 2026-10-13.

Frequently Asked Questions

Is there a difference between assault and battery in D.C.?

The D.C. Code has no battery offense. D.C. Code 22-404(a)(1) punishes anyone who "unlawfully assaults, or threatens another in a menacing manner," and the elements of assault come from D.C. Court of Appeals decisions because the statute does not define the word.

What is the penalty for simple assault in D.C.?

Under D.C. Code 22-404(a)(1), assault or a threat in a menacing manner carries up to 180 days, a fine of up to $1,000 under 22-3571.01, or both. If the person intentionally, knowingly or recklessly causes significant bodily injury, the maximum rises to 3 years (22-404(a)(2)).

What is aggravated assault in D.C.?

Under D.C. Code 22-404.01, aggravated assault is knowingly or purposely causing serious bodily injury, or, under circumstances manifesting extreme indifference to human life, engaging in conduct that creates a grave risk of serious bodily injury and thereby causing it. It carries up to 10 years; an attempt carries up to 5 years.

What counts as significant bodily injury in D.C.?

D.C. Code 22-404(a)(3) lists injuries requiring hospitalization or medical treatment beyond what a layperson can give, a bone fracture, a laceration needing stitches, sutures, staples or closed-skin adhesives or at least one inch long and a quarter inch deep, a second-degree burn, any loss of consciousness, a traumatic brain injury, and an injury for which medical testing beyond what a layperson can administer was done to check for one of those injuries.

What happens if you assault a police officer in D.C.?

Assaulting a law enforcement officer without justifiable and excusable cause, on account of or during official duties, is a misdemeanor of up to 6 months (22-405(b)). Causing significant bodily injury, or a violent act creating a grave risk of it, makes it a felony of up to 10 years (22-405(c)(1)). The term also covers firefighters, EMTs, paramedics and corrections staff.

Is strangulation a felony in D.C.?

Strangulation under D.C. Code 22-404.04 carries up to 5 years, and up to 1.5 times the maximum term and fine if the victim suffered serious bodily injury, the person was under a stay-away or no-contact requirement, or the person had an intrafamily-offense conviction within the previous 5 years.

Does D.C. have a domestic assault law?

D.C. has no separate domestic assault offense; assault on a partner or family member is charged under the general assault sections. An offense against an intimate partner, family member or household member is an intrafamily offense under D.C. Code 16-1001(8), a category used for civil protection orders.

How long do you have to sue for assault and battery in D.C.?

Under D.C. Code 12-301(a)(4), an action for assault or battery must be brought within 1 year. Claims arising out of sexual abuse have longer periods (12-301(a)(11)-(12)), and for someone who was under 18, mentally incompetent or imprisoned when the claim arose, the period runs from when that disability ends (12-302).