Assault is causing or attempting to cause harm to someone else or their unborn. Assault (and battery) may be intentional or accidental. The circumstances surrounding an incidence of assault determine the severity of the charge and the penalty if convicted.
Classes of Assault and Battery Charges
Negligent Assault occurs when you cause harm to someone else because you were not careful or did not take proper precautions. In other words, someone was injured because your substantial lapse from due care; you failed to perceive or to avoid a risk.
3rd degree misdemeanor punishable by up to 60 days in jail and/or fines up to $500
Simple Assault occurs when you knowingly cause or attempt to cause harm to someone or your reckless behavior results in someone else’s serious injury. So, simple assault may also be because of heedless indifference to the consequences.
1st degree misdemeanor punishable by up to 6 months in jail and/or fines up to $1,000
Aggravated Assault occurs when you cause serious harm to someone, cause or attempt to harm someone with a deadly weapon and you are acting in a state of passion or rage. Actions committed under extreme emotional duress may be punished less severely.
4th degree felony punishable from 6 to 18 months in prison and/or fines up to $5,000
Felonious Assault occurs when you cause serious harm to someone, cause or attempt to harm someone with a deadly weapon. The difference between felonious assault and aggravated assault is that the offender is considered rational, not acting out of rage or passion, so it can be a more serious offense.
The penalties can range from low degree felonies to the highest degree felony depending on the circumstances.
Assault and Battery Defenses
If you’ve been arrested for assault (and battery), you need to contact a lawyer right away. An experienced assault lawyer will investigate your case to find out the nature of the charges and the evidence the prosecution may have against you. Your defense attorney can help you best if involved in your case from the very beginning.
We have over a decade of experience helping clients facing aggravated and felonious assault charges. We’ve helped clients fight to get their charges dismissed or reduced and we have proceeded to trial. Whether your charges are the result of negligence, recklessness or intentional actions, you have rights, and we are committed to protecting them every step of the way.