The DC Court of Appeals in Hernandez v. U.S., in overturning an assault conviction provided much needed clarity and definition to the current DC Assault Statute. Section 22-404 of the statute provides two forms of assault: (a)(1) Whoever unlawfully assaults, or threatens another in a menacing manner, shall be fined and or be imprisoned not more than 180 days, or both. (2) Whoever unlawfully assaults, or threatens another in a menacing manner, and intentionally, knowingly, or recklessly causes significant bodily injury to another shall be fined or be imprisoned not more than 3 years, or both. Significant bodily injury means: an injury
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