What are the sentencing guidelines for an assault charge?

Charges of assault can result in a variety of sentences and penalties, depending on the details of the situation. Important factors in an assault charge can range from the nature of the assault, the condition of the victim, and the circumstances of the situation, to the criminal record (if any) of the individual being charged with the crime. The sentence given will also vary depending on the state in which the crime takes place, since each state sets its own guidelines for sentencing these types of crimes. In very general terms, assault charges are divided into degrees, from first degree (most serious) to third degree (most common/ least serious). Any crime more serious than first degree assault may be escalated to an aggravated assault charge.

While, as mentioned, details will vary, the information below is a general outline of how the majority of US states handle sentencing for these types of crimes. 

• First Degree Assault

Defined by: Intending to, and causing, serious injury, disfigurement, or disabling; acting with indifference to human life; threatening an officer of the law or other official; use of a deadly weapon (sometimes a weapon use will change this charge into aggravated assault)

Penalties include: Felony charge; typically results in prison terms from four to ten years.

• Second Degree Assault

Defined by: Intentional or reckless behavior leading to bodily injury of another; intentional hindering of officers leading to bodily injury; intentional drugging of another person

Penalties include: Felony charge; typically a prison sentence of five to eight years.

• Third Degree Assault

Defined by: Knowingly or recklessly causing bodily injury (or pain) to another person

Penalties include: Serious/ first degree misdemeanor charge; possible two years in prison.

If you are facing any assault charges, it is in your best interests to get help from a criminal lawyer to minimize the potential penalties you face as much as possible.