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Aggravated Assault
Aggravated assault, sometimes known as felonious assault, is defined as the unlawful intent or attempt to injure or cause serious bodily harm to another with or without the use of a weapon. Unlike battery, aggravated assault does not need to result in serious injury. If the threat was made and it was reasonable to believe that serious injury could have occurred, aggravated assault can be charged, with or without the presence of a weapon.
Aggravated Assault Penalties
In most situations the penalties for aggravated assault charges are going to reflect any injuries that occurred, regardless of how serious they may or may not be. In cases where a weapon was present the penalty is often much more significant. In cases where a weapon wasn't present but serious injuries occurred because of an attack with the feet, body or fists the penalties are also stiff, even for a first offense.
Possible Penalties for Aggravated Assault
- Jail time
- Probation and electronic monitoring
- Parole
- Loss of the right to own or possess a firearm or weapon
- Mandatory anger management classes
- Restitution to the victim
- Fines and court costs
Aggravated Assault Sentencing
Since Aggravated Assault in some cases can be either misdemeanor or felony charges, having an attorney involved early in the case is very important. The prior criminal history of the individual will be taken into consideration, as well as any mitigating circumstances that may exist. In many instances if there is some type of feud or ongoing conflict between the parties, the charges may be reduced and the individual proved the option of alternative sentencing including community service or probation and mandatory anger management classes.
Can A Lawyer Help With Aggravate Assault?
Your criminal defense attorney is key in getting the charges reduced to a misdemeanor level or possibly even allowing you to move into alternative sentencing options. Not only will this keep this type of felony charge off your criminal record but it may dramatically reduce any jail time that you might be required to serve if found guilty.
- If you have been charged with Aggravated Assault, Submit Your Case for a Free Review from a skilled Criminal Defense Attorney.
Aggravated Assault: Fines and Jail by State
Penalties Vary Greatly by Case! For accurate penalties, talk to the court clerk or a lawyer!
| State | Avg. Fines | Avg. Jail | Avg. Probation | Other |
| Alabama | $1500-2500 | 6m-9 years | 5 years | Anger Mangment |
| Alaska | up to $20000 | 2 to 8 years in prison | Varies by Case | Not Available |
| Arizona | $150-250 | Weekends | 9 years | Not Available |
| Arkansas | $150-500 | 4 months to 1 year | 2-3 years | Anger Management |
| California | up to $2000 | up to 1 year | up to 6 months | community service, lose right to own / possess weapons |
| Colorado | $4000 - $40000 | Possible 2 years - 10 years | Varies by Case | Not Available |
| Connecticut | $4000 - $40000 | 6 months - 5 years | 10 years | life sentence, death |
| Delaware | $1500-1800 | 6m- 1 year | 9 years | Anger mangement |
| Florida | 5000 | maximum penalty of 5 years in jail | no probation time | Not Available |
| Georgia | $4000 - $40000 | 1-20 years | Varies by Case | Not Available |
| Hawaii | 20000 | 2 to 8 years in prison | Varies by Case | Not Available |
| Idaho | $4000 - $40000 | Varies Widely by Case | 2 years | Not Available |
| Illinois | 25000 | 1-3 years | Varies by Case | Not Available |
| Indiana | up to $25000 | up to 15 years | up to 5 years | Judge may order community service, counseling, and/or restitution as a result. |
| Iowa | $750-$7,500 | No less than one year, up to five years at judge's discretion | Varies by Case | If the court finds that the convicted person was in immediate possession or control of a dangerous weapon, convicted person must serve a minimum term of five years imprisonment. |
| Kansas | 500 | 13 months | 24 months | Not Available |
| Kentucky | $250-500 | Assault 1st degree: 10-20 Years | Varies by Case | Not Available |
| Louisiana | $250-500 | overnight to 30 days | 2-5 years | Anger Mangement |
| Maine | $150-500 | 1 week-1 year | 2-5 years | Anger Mangement |
| Maryland | $5000-$15000 | 2 years | 1/3 of jail time | suspend license for 6 months |
| Massachusetts | $1000+ | maximum sentenced | upto 10 years | 90 days in Jail |
| Michigan | 1000 | 1 year | Varies by Case | Not Available |
| Minnesota | $1000+ | based on judges discretion | 2 years | Not Available |
| Mississippi | 2500 | 2 min - 15 yrs max | 9 years | Anger Mangement |
| Missouri | Up to $5000 | Ten years | Varies by Case | Not Available |
| Montana | No more than $50,000 | No more than 20 years | No more than 8 years per count | Not Available |
| Nebraska | 250-500 | 5 years in prison min | 3-5 years | Not Available |
| Nevada | 2 to 8 years | up to $20000 | 5 years | Not Available |
| New Hampshire | up to $2,000.00 | one year or less | Varies by Case | Not Available |
| New Jersey | Up to $1000 | Max 180 days | 5 years | Not Available |
| New Mexico | Up to a $500 | Up to 90 days in jail | Driver's license probation | 24 hours of community service is likely |
| New York | $100 - $10000 | 3 to 6 years | 2 to 4 years | Not Available |
| North Carolina | $250-5,000 | 1-3 years | 2 years | Anger Mangement |
| North Dakota | 5000 | five years | three years | Non-Compliance |
| Ohio | $1,000-50,000 | 2-8 years | 48 months | Not Available |
| Oklahoma | 500 | one years | 6-months | punished by imprisonment |
| Oregon | 1200-2000 | 2-5 years | 3 | Not Available |
| Pennsylvania | $50-$25000 | 10 to 20 years | 20 years | community service,agree to probation |
| Rhode Island | $50-$25000 | Not more than twenty years. | Varies by Case | Not Available |
| South Carolina | $500-1200 | 4 years max | 5 years max | Anger Mangement |
| South Dakota | 1200-1500 | 6m-1y | 5y | Not Available |
| Tennessee | up to $2500.00 | 6 to 12 months | Varies by Case | An additional fine of $200 can be levied depending on the relationship of the perpetrator and victim. |
| Texas | up to $10000 | 2 to 20 years | up to 5 years | Judge may order counseling and restitution as well. |
| Utah | Up to $5000. | 0-5 years. | Varies by Case | Is a 3rd degree felony. |
| Vermont | 100 | at least 1 year | Varies by Case | felony |
| Virginia | $2,500 - $100,000 | Class 3 Felony - between 5 and 20 years. Class 6 Felony - up to 5 years. | no information available | Not Available |
| Washington | up to $20,000 | 3-12 months | 6 months-1 year | may have to pay fine and serve jail time; depends on the judge |
| West Virginia | up to $10000 | up to 15 years | up to 3 years | Judge may order restitution and/or community service. |
| Wisconsin | $10,000-100,000 | 9 months-25 years | up to five years | Judge may order counseling, restitution and/or community service as a result. |
| Wyoming | Varies by Case | no more than 10 years | Varies by Case | Not Available |
- If you have been charged with Aggravated Assault, Submit Your Case for a Free Review from a skilled Criminal Defense Attorney.
Legal Answers
- I acted in self defense against an attacker and am being charged with assault. Is there any Assault Defense law?
- How does the process of being arrested and charged for criminal assault work? My friend was just arrested for assault.
- How does assault defense work when you assault someone in self defense and get charged with assault and battery??
- My son has been wrongly identified for a crime and I am his witness to where he was, do we still need an attorney?
- What is required to sustain criminal charges under Californias anti-gang statutes?