Criminal charges can be brought against an individual for a countless number of crimes. Our law firm is experienced in handling all types of assault cases. Assault is best characterized as a crime that involves a physical attack on another individual or if one party presents a threat of physical bodily harm to another. Depending on the severity of the assault, the charges that crime can be raised to aggravated assault. Generally, if a dead;y weapon is used to commit the assault, the crime will be considered aggravated.
What is Assault?
An assault occurs when one individual inflicts or threatens to inflict bodily harm on another individual. Even if the two parties agree to fight, one can be charged with assault. The definition of assault is designed to recognize that the fear of a potential threat is a crime in itself. It also allows law enforcement to step in before any physical harm is actually caused.
Types of Assault
As with most criminal crimes, there are different classifications of the crime. The classifications are dependent on the severity of the assault. For example, if there is only a threat of bodily harm, but no harm was actually caused, it will carry a lesser penalty than if bodily harm was caused by a deadly weapon.
The different types of assault are:
- Misdemeanor Assault
- Aggravated Assault
- Threatening or Intimidating
Regardless of the severity of the penalty, a conviction of an assault crime is can have serious consequences. If you are accused of an alleged assault crime, contact an experienced assault defense attorney like John Lyke Law.
Misdemeanor assault, or simple assault, charges can fall under one of three categories. The category with the most severe penalty is a “Class 1 Misdemeanor”, followed by a “Class 2 Misdemeanor”, and finally a “Class 3 Misdemeanor.” The classifications are defined below:
- Class 1 Misdemeanor – Intentionally, knowingly, or recklessly causing any physical injury to another individual. This classification carries a potential penalty of up to six months in prison and $2,500 fine.
- Class 2 Misdemeanor – Intentionally putting another individual in fear of bodily harm. The penalty for this classification is a potential four months in prison and a $750 fine.
- Class 3 Misdemeanor – Touching another person with the intent to injure, insult, or provoke an individual. This classification carries a potential penalty of up to 30 days in prison and a $500 fine.
Aggravated assault is a step up from simple assault. Aggravated assaults are crimes that involve:
- Serious physical injury to one party
- Committed with a deadly weapon
- Causes temporary disfigurement or a fracture
- If the victim is restrained
- Committed after entering the private residence of someone
- If the victim is a law enforcement official, firefighter, teacher, medical professional, or a prosecutor
- If the assault is domestic, it can be treated as aggravated assault or domestic violence
Since the crime is more severe than simple assault, the penalty follows suit. If an individual is convicted of their first aggravated assault offense, it could lead to a penalty of a prison sentence ranging from 5 to 15 years. The penalties get worse as the convictions rack up. For the second offense, the defendant is looking at a possible prison term of 10 to 20 years and a third conviction is punishable by a prison sentence of 15 to 25 years. In addition to a prison sentence, there can penalties such as fines and court fees that the defendant is responsible for. Aggravated is a felony and will be permanently placed on your criminal record.
Contact an Experienced Assault Defense Attorney
If you have been arrested and are being charged with aggravated assault, it is important that you have the right team of criminal defense lawyers on your side. The attorneys of John Lyke Law have years of experience handling these types of cases. They will implement a strategy that will represent the accused in the best light. Contact us today.