The largest difference that can distinguish one assault from another is whether it is designated a felony or a misdemeanor. Misdemeanor Assault vs Felony Assault - What's the Difference? For the prosecution to convict a person of assault, the prosecution must prove the following elements beyond a reasonable doubt: Note: People often use the term assault and battery interchangeable, but for purposes of California Law, assault refers to an attempted battery. This can vary based on state terminology, but broadly speaking, sexual assault is any type of sexual contact that doesn’t have the consent of either party or is in public. For the prosecution to convict a person of assault, it does not need to show that the defendant injured anyone, merely that the defendant attempted to cause an injury to another person. Misdemeanor Assault vs Felony Assault - What's the Difference? So the difference between misdemeanor assault vs felony assault makes a big difference in the severity of the punishment and the length of the prison sentence. At its core, the offense consists of sexually touching another person against their will for your or their “sexual gratification.” This statute does not give distinctions as to when the crime should be charged as a misdemeanor … If your misdemeanor assault charge is an A misdemeanor, you could face up to 1 year in prison, and that’s without a previous criminal history. However, there is a variety of … The Blanch Law Firm was able to get all of these charges dismissed. In Maryland, second degree assault is classified as a misdemeanor. A common example to differentiate misdemeanor and felony assault is the distinction between a slap to the face and a punch that causes a broken jaw and other injuries. Thus, the meaning of the felony vs. misdemeanor relationship is one of degree. This was misdemeanor assault and battery because the motion of my arm towards his clipboard was considered assault and the physical contact of my arm touching his hand made it battery. The class of crime and the sentences depend on the circumstances of the incident and what facts the prosecutor can prove. Felony. Menacing. Now that we know that simple assault is almost always charged as a misdemeanor, let’s discuss the difference between simple assault and aggravated assault. First-degree felony assault comes with a prison term of between five years and life. Schedule your free consultation today by filling out the contact form below or by calling us at 1 (213) 370-0404. Elements of felony assault. If charged as a felony, you face up to four years in prison and fines of up to $10,000. Any other specific consequences will be … A simple assault conviction, which is always charged as a misdemeanor can be expunged by filing a petition to have it expunged (removed) from your criminal record. Our attorneys have represented thousands of clients, so they have the knowledge and experienced to achieve the best possible results for you. So, a person who is convicted of aggravated assault can be marked as inadmissible or deported from the United States. If you have been charged with felony assault or a misdemeanor assault, you need a highly skilled, highly qualified Assault Lawyer who can provide an excellent legal defense. When certain aggravating circumstances exist or the subject of the assault falls within a certain class of persons, however, the charges can increase. First-degree through fourth-degree sexual assault are felonies, while fifth-degree sexual assault is a gross misdemeanor or felony depending on the situation. The term “assault” is a legal word used to describe an unwanted violation of a person’s space. Simple assault is typically anything that causes a person to fear for his or her immediate safety. In Michigan, the crimes of “assault and battery” or “domestic violence/assault” are classified as misdemeanor offenses, or minor criminal offenses. A criminal assault will be classified as a felony if it involves the infliction of serious bodily injury, possibly involving the use of a dangerous weapon. Simple assault is almost always charged as a misdemeanor in the State of California. Generally, a simple assault charge is a Class 1 misdemeanor. An Assault Attorney Can Help You Fight Aggravated Assault Charges For example, assault in the first degree involves intent to cause serious physical injury as well as actual serious physical injury, and could result in a B Felony Charge which has a maximum 25 years in prison! Aggravated assault is punished as a felony in all 50 states. We will explain when the prosecution charges assault as misdemeanor assault vs felony assault down below. To know whether the conviction can be removed from your record, you should contact an experienced assault defense attorney and ask them about whether the conviction can be removed from your criminal record. Alaska classifies felony assault as either assault in the first degree (the most serious), assault in the second degree, or assault in the third degree. In other words, assault is the attempt to commit battery. Beyond that, a conviction or guilty plea may also carry other collateral consequences, such as the loss of a clean criminal record. However, if a person were to throw a punch and land it on another person’s face, this would be battery because he actually made contact with the person of another. Assault is a misdemeanor punishable by one year imprisonment; assault with "intent to have carnal knowledge of him or her" or who indecently assaults another, or who commits other more-serious variants of assault (as defined in the Act) are guilty of a felony, and longer prison terms are provided for. In such cases, the felony assault charge may be accompanied by other charges such as battery, weapon possession and more. The slap will be considered a misdemeanor in many jurisdictions while the punch will often be pursued as aggravated assault, which is a felony. In California assault can be charged as either a misdemeanor or a felony in California. When it comes to federal or state assault and battery charges, it is either a felony with much more serious penalties and time in prison, or a misdemeanor with much lesser consequences. First-Degree Sexual Assault . Misdemeanor. Assault in the fourth degree is considered a misdemeanor. Crimes are divided into two categories, misdemeanor, and felony. Generally speaking, the punishment for felony assault is similar to those for most felonies, which usually includes having to serve a prison sentence and paying heavy fines. For example, if a person attempts to punch you in the face, but misses, this would be an example of assault. His clipboard was considered his "personal effects" my joke of a lawyer explained to me in court and she had me plead guilty to get the battery charge dropped. If charged as a misdemeanor, it carries the same penalties as simple assault. Assault in Maine is normally a misdemeanor but prior convictions, injuries, use of a weapon and other factors can increase the crime to a felony or an aggravated assault. The penalty for a felony assault is at least one year in prison, and many felony assault charges result in multiple years in prison, as well as serious fines and a long probation. Felony Assault and Battery in Virginia Under Virginia law, an assault and battery charge may be upgraded to a felony charge in … The defenses for both misdemeanor and felony assault charges are the same. As you can see, assault charges (whether felony assault or misdemeanor assault) can lead to serious consequences. Felonious assault is a felony punishable by up to four years in prison and a $2,000 fine. 1 An assault is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment 2.. Class … To inflict a violent injury on the person of another, and, The defendant had the present ability to carry out the assault, The amount of force used by the defendant, Whether the defendant used a weapon, deadly weapon, or firearm, The defendant did not assault the alleged victim, The defendant assaulted the alleged victim but did so in self-defense or the defense of others, The defendant is a victim of mistaken identity, The defendant is being falsely accused of assault. While the vast majority of individuals charged with assault will face a misdemeanor, there are instances where the prosecution may opt for a felony charge. Consent is essential at all points of a sexual interaction, meaning that just because someone consented to one act, doesn’t mean it’s okay to continue with others … Schedule your free consultation today by filling out the contact form below or by calling us at 1 (213) 370-0404. Misdemeanor-offenders often face short jail sentences, fines, and restrictions following their conviction (while domestic assault is a misdemeanor, those convicted are no longer … Misdemeanor assault carries a jail sentence of up to one year. For a misdemeanor, a conviction can mean up to a year in jail; for a felony, the punishment can … If, … Again, since felony assault is considered a much more serious crime than misdemeanor assault, the legal penalties will match the level of severity. The Blanch Law Firm’s assault lawyer team is one of the premier criminal defense firms in New York, providing a sophisticated legal defense for anyone involved in an assault case. First-degree sexual assault is the most serious form of sexual assault in Minnesota. Is second degree assault a misdemeanor or felony? Whether the prosecution charges a person with misdemeanor assault vs felony assault depends on whether the defendant used a weapon, and the amount of force the defendant used. We will now discuss the differences in penalties between felony and misdemeanor assault. Aggravated assault refers to a more serious form of simple assault. Although assault 4 is typically a misdemeanor, it can be a felony in certain circumstances. The offence of assault is created by section … Under Nevada Revised Statute 200.481, if the battery is done without a deadly weapon and the victim did not suffer bodily harm, the battery is then charged as a misdemeanor offense. ©2018 All Rights Reserved Attorney Advertising | Disclaimer, This jQuery slider was created with the free, Domestic Violence, Domestic Assault & Abuse. That said, a felony aggravated assault conviction cannot be expunged if you served any prison time. So the difference between misdemeanor assault vs felony assault makes a big difference in the severity of the punishment and the length of the prison sentence. Sexual assault, codified as “sexual battery” under Penal Code 243.4, can be classified as a misdemeanor or a felony depending on the circumstances. So, if you have been charged with felony aggravated assault, you should hire an experienced assault defense attorney at The H Law Group as he may be able to have your felony assault charge reduced into a misdemeanor … Misdemeanor Assault Simply threatening someone with violence will not garner such a severe charge. The Blanch Law Firm was able to secure a deal where our client would plead to a violation and spent no time in jail. Menacing: Deadly Weapon. The Blanch Law Firm employs a unique defense technique which involves assigning multiple members of our assault lawyer team to every case. The determination comes down to several key factors within that case. A felony conviction of aggravated assault also could result in a strike being added to your record under California’s Three Strikes law. Third-degree felony assault comes with a prison term of up to 10 years. Much like felonies, though, misdemeanors will certainly be assigned a monetary fine that can range anywhere from $200 to about $10,000, far less than the $250,000 fine a Federal felony may potentially result in, and additional punishments, like mandatory rehabilitation programs and … Our client was charged with assault during a robbery and accused of brutally kicking the victim in the face while they were on the ground. California criminal law recognizes three types of assault: simple assault, aggravated assault, and assault with intent to commit a felony. If convicted of misdemeanor simple assault, a person can be punished with up to six months in county jail, as well as payment of court fees and fines. Assault with an intent to rob or kill is considered an aggravated assault, as is assault with a deadly weapon. If you want the best possible chance at staying out of prison and with your loved ones, Contact The Blanch Law Firm today for your initial consultation. In many places, even a realistic threat of an attack or violation will qualify. In some cases, a person may face a Class A felony, which carries a maximum potential sentence of 20 years in jail and a $250,000 fine. A B misdemeanor still brings with it 90 days in prison, and both misdemeanor assault charges carry serious financial penalties. Yet many don’t understand why its charged sometimes as a misdemeanor, and sometimes as a felony. The prosecutor’s decision to charge aggravated assault as either a felony or a misdemeanor depends on the following factors: By now, you should know the difference between when the prosecution can charge assault as a misdemeanor vs a felony. On the other end of the spectrum, there are assault cases that Alaska considers Class A misdemeanors, for which a person faces no more than one year in jail and a $10,000 fine. So yes, there are … If convicted of second-degree felony assault, you face at least two years in prison and as many as 20. If the prosecution convicts a person of misdemeanor aggravated assault, he faces up to 12 months in county jail, as well as payment of a fine and court fees. ABC’s of Assault and Domestic Violence Cases . Here are some of the defenses that your attorney may be able to use to defend you regardless of whether you were charged with misdemeanor assault or felony assault: Simple assault charges are unlikely to have negative immigration consequences; however, aggravated assault can have negative immigration consequences because it’s considered to be an aggravated felony. Our Client was charged with assault after breaking the victim’s nose and orbital bone in their eye, causing permanent nerve damage. Pacific Islands. There are two main differences between Felony Assault charges and Misdemeanor Assault charges: Aggravated Factors – Circumstances which are involved in Aggravated assault that are not present in Misdemeanor assault. If you do not have a highly skilled assault lawyer working with you, you may be at the mercy of the prosecution, the judges or the jury. The distinction between felony assault and misdemeanor assault under New York Assault Law usually involves the severity of the injuries the alleged victim suffers, as well as the circumstances under which the alleged assault occurs. Indeed, misdemeanor assault and battery can carry a maximum penalty of up to 12 months in prison and a $2,500 fine. The offense of “assault and battery” means that the defendant made intentional (non-accidental) physical contact with another person and without consent to do so. A deadly weapon can be a gun, a knife, or something fashioned into a weapon, like a screwdriver. What determines it being a felony or a misdemeanor relies heavily on that amount of harm done, whether it was aggravated, if there was a deadly weapon, and more. If you have prior convictions, even a misdemeanor assault charge can lead to serious jail time. Assault in the First Degree Therefore, if you are arrested for assault of any kind, it is imperative that you understand how the statute dictates charges, and work with a criminal defense attorney to ensure your simple assault does not turn into a life … In addition to fines, assault comes with jail time. Assault and battery crimes can be charged as a misdemeanor or felony. If you have been charged with misdemeanor or felony assault, you should immediately contact an experienced assault defense attorney at The H Law Group to defend you and keep you out of jail or prison. With aggravated assault, the prosecutor has the discretion to charge the assault as either a felony assault or misdemeanor assault. Misdemeanors often have lower penalties and are considered less serious. We will discuss aggravated assault, which is usually charged as a felony below. Aggravated assault is a misdemeanor punishable by up to one year in jail and a $1,000 fine for a first offense. For more information, call us. However, if you’re convicted of misdemeanor aggravated assault, and you do not serve prison time, you can have the conviction expunged from your criminal record. The difference between a misdemeanor assault versus a felony assault will largely depend on the laws of a particular state. Class 3: $50 to $750 in fines; up to 6 months incarceration. Also, we hope that we answered the question of whether assault is a misdemeanor or a felony. For example, if you shoot at a rival gang member and barely miss them, you may be charged with assault or assault using a deadly weapon. Assault may be a misdemeanor or a felony offense, depending on the circumstances. Usually, a person is charged with aggravated assault when the person uses a deadly weapon to commit assault, using a firearm to commit assault, assaulting a police officer, or assaulting a public official. Assault is typically classified as a Class 1 misdemeanor … Felony Assault: A felony assault charge will usually involve some measure of violence. Misdemeanor and Felony Offenses. Simply threatening someone with violence will not garner … Assault charges will be raised from a Misdemeanor to a Felony if at least one of 10 aggravated factors surround the offense; However, if a person is convicted of felony assault, he faces up to four years in California State Prison. Assault with a Deadly Weapon: California law treats assault with a deadly weapon as a wobbler, so at times it’s charged as a misdemeanor and other times it’s charged as a felony. Misdemeanor. Aggravated assault charges are usually brought up against individuals when the following types of scenarios have taken place: Serious bodily injury and/or substantial disfigurement was inflicted upon another person. Marshall Islands. Both felony and misdemeanor Assault Charges have serious consequences, including heavy jail time, serious fines and more. Further, there are other aggravating factors which change the … We defend clients in all manner of assault cases, including: Sexual Assault, Aggravated Assault; Assault with a deadly weapon; Assaulting a police officer; and more. Any reasonable threat to a person is assault while battery is defined as use of force against another with intent of causing physical harm without his consent. In this case, the punishment would likely be the same as that for assault 3. Assault is usually broken down into three categories in ascending order of seriousness. Assault charges can quickly escalate from a misdemeanor to aggravated assault, which is a class 3 or class 4 felony. Misdemeanor Assault: Most assault cases will bring misdemeanor assault charges, which still have serious consequences. In California, assault is defined as an attempt to inflict physical harm or unwanted/offensive contact upon a person. Felony Assault: A felony assault charge will usually involve some measure of violence. Whether you’ve been charged with misdemeanor assault or felony assault in California, you should immediately contact an assault criminal defense attorney at The H Law Group to defend you. A crime goes from misdemeanor assault to aggravated assault when the perpetrator intends to more than simply frighten the victim. That’s easy to understand, but some struggle more with the concept of consent, as well as when an individual is capable of of providing consent. Our keen understanding of New York Assault Law, and our aggressive defense strategy have produced the following results, among many others: The distinction between felony assault and misdemeanor assault under New York Assault Law usually involves the severity of the injuries the alleged victim suffers, as well as the circumstances under which the alleged assault occurs. The California Penal Code section 240 defines “assault” as an unlawful attempt, coupled with a present ability, to commit a violent injury to another. Assault: Third Degree. If you face sexual assault charges in Minnesota, you should contact a sexual assault lawyer as soon as possible. Class 1: $500 to $5,000 in fines; 6 to 18 months incarceration. To know whether you can be deported or marked as inadmissible to the United States, you should contact an experienced immigration attorney to evaluate your specific case. Assault is one of the most common charges in the criminal legal system in New York. For example, slapping another person or spitting on them would be considered a simple assault, and would be charged as a misdemeanor. Assault and battery happens when this threat is ram… So, if you have been charged with felony aggravated assault, you should hire an experienced assault defense attorney at The H Law Group as he may be able to have your felony assault charge reduced into a misdemeanor assault charge. The state differentiates between misdemeanor assaults and felony assaults - the latter are more serious. It could be that the alleged victim was pregnant, or that the defendant had previously been convicted of assaulting the same victim, or that the assault took place in front of the alleged victim’s child. 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