May 17, 2019

Misdemeanor or Felony Assault Charge? Know The Difference

Assault might seem like a self-explanatory charge, but as in the case with other charges, there are levels to each offense. Assault can be considered either a misdemeanor or an assault, depending on the context in which the assault occurred. Furthermore, a person can be charged with one of three classes (for misdemeanors) or degrees (for felonies). Knowing the circumstance under which the assault was committed helps officers and lawyers determine the charge. However, officers occasionally charge individuals with a different violation than the one they committed. We’ll explain a few differences between the types of assault as according to law. However, if you or someone you know has been charged with any type of assault, you should call Monks Law. We can evaluate the situation and the charge and determine how to best represent you in court.

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Fight your case in court with an experienced attorney.

Misdemeanor Assault

Some misdemeanor assault charges carry jail time, and a hefty fine may also be imposed if you are found guilty. Misdemeanor assault is broken up into 3 classes: A, B, and C.

Class C misdemeanors are the lowest assault charge you can be accused of. If a person threatens harm or injury but it does not actually occur, that person will likely be charged with a Class C.

Class B misdemeanors are assaults that occur in retaliation to a sports game, whether the person was a participant or viewer. The consequences of a Class B are a fine of up to $2,000 dollars and possible jail time.

The most severe misdemeanor is Class A. Any assault against an elderly person, or any assault that causes physical harm can be considered a Class A violation. You can face up to one year in prison and a $4,000 fine for a Class A misdemeanor.

Felony Assault

Similarly to misdemeanors, assault felonies are divided into three categories. A felony is either in the 1st, 2nd, or 3rd degree.

3rd-degree assault occurs when a person attacks a public servant or someone they have a familiar or romantic relationship with. A person could land in jail for anywhere between 2 and 10 years, and face a fine of up to $10,000.

2nd-degree assault, also known as aggravated assault, is used to define a situation when a person uses a weapon to cause bodily harm to another. Someone can also be charged with aggravated assault if someone harms a family member or date after they’ve been convicted of assault previously. This charge also carries a maximum $10,000 fine, in addition to up to 20 years in prison.

The most serious assault charge is felony assault in the 1st degree. You would face this felony charge if you committed aggravated assault (see above) against a public servant or informant. The fine is the same at 2nd and 3rd-degree assault, but if convicted, you face a potential life sentence.

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Monks Law Firm handles all assault cases.

Call Monks Law To Handle Your Assault Case!

No matter what you were charged with, you deserve a capable attorney to handle your case. Call Monks Law Firm at (713) 666-6657 to discuss your options in more details.