When it comes to assault, there are some different penalties to consider. Depending on the facts, it can range from a simple misdemeanor to a felony. If you’re charged with an assault, it’s important to consult with a criminal lawyer to determine what your best defense is. A good attorney can help you avoid the maximum penalties.
First-degree assault is the most serious type of assault charge. The prosecutor must show that you knowingly caused physical harm to another person. This can include using a deadly weapon. For a first-degree felony, you can face up to 99 years in prison, while the most severe penalty is life in prison. However, if you were only accused of a negligent assault, you may only be charged with a misdemeanor.
Assault in the third degree is also a fairly serious charge, but it’s usually not accompanied by a deadly weapon. Instead, it’s typically accompanied by a non-threatening injury. It’s worth noting that if you’re caught with the intention of causing bodily harm, you’ll have to show that you weren’t just in a hurry to get away. In fact, your lawyer might be able to get your charges dismissed.
The finer points of the assault and battery laws can be a little bit confusing, but it’s always best to consult with an attorney to ensure you’re maximizing your chances of a positive outcome. There are a variety of different factors that can affect the severity of your charges, including the circumstances of the assault and the type of weapon you were using.
Depending on the severity of your charges, you may need to undergo an expungement. An expungement is a form of sealing your criminal record from background checks. While it’s a bit trickier to achieve than it sounds, it’s an option you should seriously consider. After all, a misdemeanor assault conviction can have a significant impact on your career, your ability to find housing, and your overall quality of life.
Aggravated assault, on the other hand, is a more serious charge, which requires that you’re guilty of a very specific set of circumstances. You’ll also need to show that you were aware of the consequences of your actions. Among these are the ability to use a deadly weapon, such as a knife or a broken bottle.
The most basic type of assault is simple assault. Basically, it’s the act of touching someone in an offensive way. Typical examples of simple assault include poking someone’s chest with a finger. Often, these types of charges are accompanied by a small fine. Depending on the state, there’s also a difference between a misdemeanor and a felony.
Although most states have similar statutes, they differ in the level of detail. You may also be charged with a felony if you’ve been accused of a more serious crime, such as robbery or burglary.
It’s also worth noting that a felony assault charge can have different penalties depending on the state in which you were accused. For example, in Texas, a first-degree felony is punished by a minimum of five years in prison, while a class B felony is punishable by up to one year in jail. Additionally, some states allow for a maximum sentence of up to three years of probation.
