If you are facing charges of assault, there are many different penalties
you may face. Assault may be considered a misdemeanor or a felony depending
on the severity of the crime, the damage or injury inflicted, and whether
or not any weapons were involved. When accused of a serious crime it’s
important that you understand what you’re up against and how you
might defend yourself.
Assault is defined as attempting to physically harm another person, or
threatening injury in a way that makes the victim fear harm. A person
does not need to come into physical contact with another person to commit
assault against him or her. Simple assault is usually charged as a misdemeanor
and may result in up to two and a half years in jail or a fine of up to
$1,000. If a physical attack is made, the crime will be elevated to assault
and battery.
A crime may be considered aggravated assault if serious injuries were inflicted.
Serious bodily injury is considered any harm that risks death, causes
permanent disfigurement, or lasting loss or impairment. Burns, bone fractures,
internal injuries, subdural hematoma, or harm to the skin or other bodily
organs may also be constitute aggravated assault charges in certain circumstances.
Aggravated assault charges are far more damaging than simple assault,
and the penalties may include up to ten years in prison and fines of up
to $5,000.
The following assault crimes may also be punished as felonies:
- Assault with intent to murder, maim, or disfigure
- Assault with intent to commit a felony
- Assault by force or with violence
- Assault on a victim who is pregnant
- Assault and battery committed for the purpose of collecting a loan
- Assault against a public employee, such as an ambulance operator, firefighter,
or healthcare provider
- Assault against an elderly person over the age of 60
- Assault against a mentally or physically disabled person
Assault crimes committed against children are also punished as felonies.
Assault and battery of a child under the age of 14 is a felony, as is
“wanton or reckless behavior.” Wanton or reckless behavior
is defined as disregarding the risk of harm brought about by their behavior
around a child, resulting in substantial bodily harm. This may include
direct or indirect harm, meaning a person who does nothing while a child
is harmed could also face charges.
If you are facing assault charges, it is crucial that you act fast in order
to protect your future. Not only can a conviction lead to time in prison
and steep fines, it may also result in a criminal record that could greatly
decrease your chances of finding work and suitable housing. Exercise your
legal rights and defend your freedoms by reaching out to our criminal
defense attorneys for help. Our legal team will research the circumstances
of your case in order to discover if you acted in self-defense or defense
of property, or we can determine how the alleged victim gave consent or
fabricated false accusations. Regardless of your situation or any complex
issues, our firm can help.
Contact South Shore Criminal Defense
to discuss your assault case.