Understanding the Different Degrees of Assault
Posted on Jan 8, 2013 2:30pm PST
Charges of assault can fall under various categories depending on your situation, and having a thorough understanding of these various levels is important for an individual to understand. If you have been arrested for any level of assault, it is encouraged to contact a local and experienced criminal defense attorney who can aggressively fight on your behalf. While state laws may vary, there is a general understanding of the different degrees of assault charges as well as the penalties for them.
Assault is defined as the violent actions that cause harm to another person or persons. It is very likely that on the news and television shows you have heard the saying of "assault and battery" charges, and that is because it involves most often the direct physical contact with another person. There are different degrees used in order for the court to determine the consequences of the individuals if they are convicted of the crime.
First Degree Assault is considered to be the most severe of charges, with the most extreme of consequences. A suspect is charged with first degree if they have physically attacked another person with a deadly weapon or a firearm with the intent to kill or cause immense harm. The consequences for this charge varies with every situation though generally if a person is convicted they could be facing up to $50,000 in fines and 10 or more years behind bars because it is considered to be a Class A Felony.
Second Degree Assault is the next level, with lesser consequences. To receive these charges the accused would have been arrested for causing severe bodily harm on another person intentionally, if they used a deadly weapon, or attempted to strangle a person. If assault is connected to committing a felony act, it may be categorized as a second degree. This also includes poisoning with the intent to harm, torturing another person, and also intentionally injuring a mother to hurt or kill her unborn baby. The consequences for these charges vary but it can result in at least 5 years in prison if not more.
Third Degree Assault is a much less severe charge as opposed to the first two. Third degree assault means that a person was believed to recklessly and willingly attack or harm another individual. This degree however is usually considered a misdemeanor charge rather than a felony, resulting in far less severe consequences with the law. In order for a person to be accused of assault in this degree, there must be actual injury on the victim that can be shown before the court as proved by a medical specialist. If the victim is claiming that there are just feelings of pain, this may still constitute as injury depending on the situation. The possible consequences vary for these charges but it generally results in no more than two years in jail.
Fourth Degree Assault is considered to be an assault charge that is much less severe than the previous degrees. Generally this includes an attack on another person that is not as violent as the other charges. The consequences for this act usually results in no more than 90 days behind bars.
If you or someone you know has been accused of committing an assault, whether it is first degree or fourth, hiring a criminal defense attorney in your area is absolutely essential! All criminal charges ought to be taken very seriously, because they can result in severe fines and many years behind bars if you are convicted. Contact an experienced attorney today for the criminal defense representation you deserve!
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