Aggravated assault, sometimes known as felonious assault, is 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, or even physical contact. 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. However, if any forceful sexual offense was committed, then this charge becomes known as Aggravated Sexual Assault.
Aggravated Assault Penalties
In most situations, the penalties for aggravated assault charges are going to reflect any injuries that occurred. 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 or state prison 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
Because Aggravated Assault in some cases can be charged as either a misdemeanor or felony, having an attorney involved early in the case is very important. An attorney may be able to influence how the case is charged. The defendant's prior criminal history will be taken into consideration, as well as any mitigating circumstances that may exist. In many instances, if there is an ongoing conflict between the parties, the charges may be reduced and the defendant provided the option of alternative sentencing, including community service or probation and mandatory anger management classes.
However, there may also be sentencing enhancements, depending on the circumstances. Using a dangerous weapon or firearm would be considered Aggravated Assault with a Deadly Weapon, which is a more serious crime with severe consequences.
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 Management Alabama Aggravated Assault Laws |
| Alaska | up to $20000 | 2 to 8 years in prison | Varies by Case | Alaska Aggravated Assault Laws |
| Arizona | $150-250 | Weekends | 9 years | Arizona Aggravated Assault Laws |
| Arkansas | $150-500 | 4 months to 1 year | 2-3 years | Anger Management Arkansas Aggravated Assault Laws |
| California | up to $2000 | up to 1 year | up to 6 months | community service, lose right to own / possess weapons California Aggravated Assault Laws |
| Colorado | $4000 - $40000 | Possible 2 years - 10 years | Varies by Case | Colorado Aggravated Assault Laws |
| Connecticut | $4000 - $40000 | 6 months - 5 years | 10 years | life sentence, death Connecticut Aggravated Assault Laws |
| Delaware | $1500-1800 | 6m- 1 year | 9 years | Anger management Delaware Aggravated Assault Laws |
| District of Columbia (DC) | n/a | n/a | n/a | District of Columbia Aggravated Assault Laws |
| Florida | 5000 | maximum penalty of 5 years in jail | no probation time | Florida Aggravated Assault Laws |
| Georgia | $4000 - $40000 | 1-20 years | Varies by Case | Georgia Aggravated Assault Laws |
| Hawaii | 20000 | 2 to 8 years in prison | Varies by Case | Hawaii Aggravated Assault Laws |
| Idaho | $4000 - $40000 | Varies Widely by Case | 2 years | Idaho Aggravated Assault Laws |
| Illinois | 25000 | 1-3 years | Varies by Case | Illinois Aggravated Assault Laws |
| Indiana | up to $25000 | up to 15 years | up to 5 years | Judge may order community service, counseling, and/or restitution as a result. Indiana Aggravated Assault Laws |
| 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. Iowa Aggravated Assault Laws |
| Kansas | 500 | 13 months | 24 months | Kansas Aggravated Assault Laws |
| Kentucky | $250-500 | Assault 1st degree: 10-20 Years | Varies by Case | Kentucky Aggravated Assault Laws |
| Louisiana | $250-500 | overnight to 30 days | 2-5 years | Anger Management Louisiana Aggravated Assault Laws |
| Maine | $150-500 | 1 week-1 year | 2-5 years | Anger Management Maine Aggravated Assault Laws |
| Maryland | $5000-$15000 | 2 years | 1/3 of jail time | suspend license for 6 months Maryland Aggravated Assault Laws |
| Massachusetts | $1000+ | maximum sentenced | upto 10 years | 90 days in Jail Massachusetts Aggravated Assault Laws |
| Michigan | 1000 | 1 year | Varies by Case | Michigan Aggravated Assault Laws |
| Minnesota | $1000+ | based on judges discretion | 2 years | Minnesota Aggravated Assault Laws |
| Mississippi | 2500 | 2 min - 15 yrs max | 9 years | Anger Management Mississippi Aggravated Assault Laws |
| Missouri | Up to $5000 | Ten years | Varies by Case | Missouri Aggravated Assault Laws |
| Montana | No more than $50,000 | No more than 20 years | No more than 8 years per count | Montana Aggravated Assault Laws |
| Nebraska | 250-500 | 5 years in prison min | 3-5 years | Nebraska Aggravated Assault Laws |
| Nevada | 2 to 8 years | up to $20000 | 5 years | Nevada Aggravated Assault Laws |
| New Hampshire | up to $2,000.00 | one year or less | Varies by Case | New Hampshire Aggravated Assault Laws |
| New Jersey | Up to $1000 | Max 180 days | 5 years | New Jersey Aggravated Assault Laws |
| New Mexico | Up to a $500 | Up to 90 days in jail | Driver's license probation | 24 hours of community service is likely New Mexico Aggravated Assault Laws |
| New York | $100 - $10000 | 3 to 6 years | 2 to 4 years | New York Aggravated Assault Laws |
| North Carolina | $250-5,000 | 1-3 years | 2 years | Anger Mangement North Carolina Aggravated Assault Laws |
| North Dakota | 5000 | five years | three years | Non-Compliance North Dakota Aggravated Assault Laws |
| Ohio | $1,000-50,000 | 2-8 years | 48 months | Ohio Aggravated Assault Laws |
| Oklahoma | 500 | one years | 6-months | punished by imprisonment Oklahoma Aggravated Assault Laws |
| Oregon | 1200-2000 | 2-5 years | 3 | Oregon Aggravated Assault Laws |
| Pennsylvania | $50-$25000 | 10 to 20 years | 20 years | community service,agree to probation Pennsylvania Aggravated Assault Laws |
| Rhode Island | $50-$25000 | Not more than twenty years. | Varies by Case | Rhode Island Aggravated Assault Laws |
| South Carolina | $500-1200 | 4 years max | 5 years max | Anger Management South Carolina Aggravated Assault Laws |
| South Dakota | 1200-1500 | 6m-1y | 5y | South Dakota Aggravated Assault Laws |
| 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. Tennessee Aggravated Assault Laws |
| Texas | up to $10000 | 2 to 20 years | up to 5 years | Judge may order counseling and restitution as well. Texas Aggravated Assault Laws |
| Utah | Up to $5000. | 0-5 years. | Varies by Case | Is a 3rd degree felony. Utah Aggravated Assault Laws |
| Vermont | 100 | at least 1 year | Varies by Case | felony Vermont Aggravated Assault Laws |
| Virginia | $2,500 - $100,000 | Class 3 Felony - between 5 and 20 years. Class 6 Felony - up to 5 years. | no information available | Virginia Aggravated Assault Laws |
| 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 Washington Aggravated Assault Laws |
| West Virginia | up to $10000 | up to 15 years | up to 3 years | Judge may order restitution and/or community service. West Virginia Aggravated Assault Laws |
| 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. Wisconsin Aggravated Assault Laws |
| Wyoming | Varies by Case | no more than 10 years | Varies by Case | Wyoming Aggravated Assault Laws |
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 a felony conviction off your criminal record, but it may dramatically reduce any jail time that you might be required to serve if found guilty.
