Are aggravated assault charges considered a felony or misdemeanor?

Aggravated assault charges are almost always classified as felonies, although in a few states in the US they may still fall under misdemeanor charges. Typically, however, delineation is made between a regular “assault” charge, which is often a misdemeanor, and the more serious “aggravated assault.” In nearly all cases, once an assault charge crosses the line to become “aggravated,” it has escalated in severity to the point where it crosses into being a felony.

Aggravated assault is usually defined as intentional or reckless causing of bodily injury or harm to another person; it may also be assault that is performed with the use of a dangerous weapon, or under circumstances that show indifference for human life. In categorizing assaults as aggravated, and in deciding the severity of the violation, details of the crime are taken into consideration, including the types of injuries, the manner in which they were inflicted, and the condition of the victim.

In most states, aggravated assault charges are divided into categories very similar to the following 

• Aggravated Assault – Felony 1
• Serious injury is caused to an officer of the law or other official
• Penalties can include up to 20 years in prison

Aggravated Assault – Felony 2

• Assault with a deadly weapon (gun, knife, car, blunt object, etc.)
• Penalties can include up to 10 years in prison

In some states, aggravated assault charges are broken down further into Class 3, 4, 5, and even 6 felonies; the categorization is decided based on any number of factors, including things like the physical size of the victim, age of the victim, type of weapon used, and any other details deemed important by the court.

If you are accused of aggravated assault, because of the potentially serious penalties, you should strongly consider speaking with an experienced lawyer.