Vermont Statutes Annotated
Vt. Stat. Ann. tit. 13, § 1023 (2026)
Simple assault
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Subchapter 004 : OTHER DISTURBANCES OF THE PEACE
(Cite as: 13 V.S.A. § 1023)-
§ 1023. Simple assault
(a) A person is guilty of simple assault if he or she:
(1) attempts to cause or purposely, knowingly, or recklessly causes bodily injury to another; or
(2) negligently causes bodily injury to another with a deadly weapon; or
(3) attempts by physical menace to put another in fear of imminent serious bodily injury.
(b) A person who is convicted of simple assault shall be imprisoned for not more than one year or fined not more than $1,000.00, or both, unless the offense is committed in a fight or scuffle entered into by mutual consent, in which case a person convicted of simple assault shall be imprisoned not more than 60 days or fined not more than $500.00, or both. (Amended 1971, No. 222 (Adj. Sess.), § 2, eff. April 5, 1972; 1981, No. 223 (Adj. Sess.), § 23.)
Notes of Decisions
Cited in 104
cases (11 in the last 5 years), 1974–2026 · leading case: State v. Roy, 557 A.2d 884 (Vt. 1989).
State v. Roy, 557 A.2d 884 (Vt. 1989). “Defendant appeals his conviction of simple assault on a police officer, 13 V.S.A. §§ 1023(a) and 1028, attempting to elude a police officer, 23 V.”
State v. Russell, 2011 VT 36, 22 A.3d 455. “§ 1024(a)(2), and one count of attempted aggravated assault, also under § 1024(a)(2).”
State v. Breed, 2015 VT 43, 117 A.3d 829. “§ 1376(b), may be imprisoned for not more than two years or fined not more than $2000, or both, while a person convicted of simple assault under 13 V.S.A. § 1023(b) may be imprisoned for not more than one year or fined more than $1000, or both.”
State v. Sturgeon, 436 A.2d 777 (Vt. 1981). “By agreement of the parties, who believe 13 V.S.A. § 1023 (b) sets forth a lesser included crime of simple assault by mutual consent, the court submitted the case to the jury with instructions relating to the evidence on a greater and a lesser offense.”
State v. David Tracy, 2015 VT 111, 130 A.3d 196. “The State initially charged defendant with two misdemeanor offenses: simple assault by physical menace under 13 V.S.A. § 1023(a)(3) (“A person is guilty of simple assault if he or she .”
State v. Hoadley, 512 A.2d 879 (Vt. 1986). “Defendant Blanche Hoadley was convicted, after trial by jury, of (1) simple assault in violation of 13 V.S.A. § 1023(a)(1), and (2) simple assault on a law enforcement officer in violation of 13 V.”
State v. Brillon, 2010 VT 25, 995 A.2d 557. “Galvin, the defendant was charged with assault on a police officer, and we held that the elements of the crime were wholly defined by the simple assault statute, 13 V.S.A. § 1023(a)(1), and that § 1028, setting a higher penalty if the crime was against a law enforcement officer,…”
United States v. Leland Schneider, 905 F.3d 1088 (8th Cir. 2018). “Codified Laws § 22-18-1 (2) (same) ; Vt. Stat. Ann. tit. 13, § 1023 (a)(1) (same) ; Wyo.”
State v. Ramsay, 499 A.2d 15 (Vt. 1985). “Defendant was convicted at a trial by jury of two counts of simple assault in violation of 13 V.S.A. § 1023(a)(1). He raises three claims on appeal: (1) the United States and Vermont Constitutions bar the charges on double jeopardy grounds; (2) prosecutorial impropriety deprived…”
State v. Bourn, 421 A.2d 1281 (Vt. 1980). “On appeal his sole claim of error is that he was denied a fair trial because the trial court refused to instruct the jury on the elements of simple assault under 13 V.S.A. § 1023(a)(1). The thrust of the defendant’s argument is that simple assault is a lesser included offense of…”
State v. Elkins, 580 A.2d 1200 (Vt. 1990). “Defendant contends that his entry into his residence ended the deputy’s lawful duty and left the deputy without authority to proceed onto defendant’s property. Therefore, defendant argues that the State could not prove that the deputy was assaulted while performing a lawful…”
State v. McLaren, 376 A.2d 34 (Vt. 1977). “§ 1025; and simple assault, 13 V.S.A. § 1023(a)(1). A trial by jury in the District Court of Vermont, Unit No.”
Vt. Stat. Ann. tit. 13, § 1023(A)(3): 1 case
State v. Joseph A. Blanchard, 2021 VT 13, 256 A.3d 567.
Vt. Stat. Ann. tit. 13, § 1023(a): 19 cases
State v. Roy, 557 A.2d 884 (Vt. 1989). “Defendant appeals his conviction of simple assault on a police officer, 13 V.S.A. §§ 1023(a) and 1028, attempting to elude a police officer, 23 V.”
State v. Sturgeon, 436 A.2d 777 (Vt. 1981). “By agreement of the parties, who believe 13 V.S.A. § 1023 (b) sets forth a lesser included crime of simple assault by mutual consent, the court submitted the case to the jury with instructions relating to the evidence on a greater and a lesser offense.”
State v. Jackson, 2008 VT 71, 956 A.2d 1126.
State v. Myers, 2011 VT 43, 26 A.3d 9.
State v. Swift, 844 A.2d 802 (Vt. 2004).
Vt. Stat. Ann. tit. 13, § 1023(a)(1): 43 cases
State v. Roy, 557 A.2d 884 (Vt. 1989). “Defendant appeals his conviction of simple assault on a police officer, 13 V.S.A. §§ 1023(a) and 1028, attempting to elude a police officer, 23 V.”
State v. Hoadley, 512 A.2d 879 (Vt. 1986). “Defendant Blanche Hoadley was convicted, after trial by jury, of (1) simple assault in violation of 13 V.S.A. § 1023(a)(1), and (2) simple assault on a law enforcement officer in violation of 13 V.”
State v. Brillon, 2010 VT 25, 995 A.2d 557. “Galvin, the defendant was charged with assault on a police officer, and we held that the elements of the crime were wholly defined by the simple assault statute, 13 V.S.A. § 1023(a)(1), and that § 1028, setting a higher penalty if the crime was against a law enforcement officer,…”
State v. Ramsay, 499 A.2d 15 (Vt. 1985). “Defendant was convicted at a trial by jury of two counts of simple assault in violation of 13 V.S.A. § 1023(a)(1). He raises three claims on appeal: (1) the United States and Vermont Constitutions bar the charges on double jeopardy grounds; (2) prosecutorial impropriety deprived…”
State v. Bourn, 421 A.2d 1281 (Vt. 1980). “On appeal his sole claim of error is that he was denied a fair trial because the trial court refused to instruct the jury on the elements of simple assault under 13 V.S.A. § 1023(a)(1). The thrust of the defendant’s argument is that simple assault is a lesser included offense of…”
Vt. Stat. Ann. tit. 13, § 1023(a)(2): 1 case
State v. Russell, 2011 VT 36, 22 A.3d 455. “§ 1024(a)(2), and one count of attempted aggravated assault, also under § 1024(a)(2).”
Vt. Stat. Ann. tit. 13, § 1023(a)(3): 14 cases
State v. David Tracy, 2015 VT 111, 130 A.3d 196. “The State initially charged defendant with two misdemeanor offenses: simple assault by physical menace under 13 V.S.A. § 1023(a)(3) (“A person is guilty of simple assault if he or she .”
State v. Russo, 2004 VT 103, 864 A.2d 655.
State v. Voog, 2012 VT 1, 45 A.3d 43.
State v. Cox, 519 A.2d 1144 (Vt. 1987).
State v. Riley, 442 A.2d 1297 (Vt. 1982).
Vt. Stat. Ann. tit. 13, § 1023(b): 12 cases
State v. Breed, 2015 VT 43, 117 A.3d 829. “§ 1376(b), may be imprisoned for not more than two years or fined not more than $2000, or both, while a person convicted of simple assault under 13 V.S.A. § 1023(b) may be imprisoned for not more than one year or fined more than $1000, or both.”
State v. Rooney, 2011 VT 14, 19 A.3d 92.
State v. Sturgeon, 436 A.2d 777 (Vt. 1981). “By agreement of the parties, who believe 13 V.S.A. § 1023 (b) sets forth a lesser included crime of simple assault by mutual consent, the court submitted the case to the jury with instructions relating to the evidence on a greater and a lesser offense.”
State v. Darling, 449 A.2d 928 (Vt. 1982).
State v. Justin R. Kuzawski, 2017 VT 118, 181 A.3d 62.
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