Assault with a Deadly Weapon in Alaska

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In Alaska an assault with a deadly weapon is considered “aggravated assault.” If convicted of an assault of any kind in Alaska there is the potential of jail time, prison time and/or fines which need to be paid. It is defined as being an act which causes another to be in fear of harm by the force of another or simply the threat of force. In the case of assault with a deadly weapon it includes the use of a weapon or some other object which can be construed to be used as a weapon.

Assault with a Deadly Weapon in Alaska

Assault is any attempt to harm another physically; assault with a deadly weapon is therefore any attempt to harm another physically using a deadly weapon as part of the performance of an assault. In the state of Alaska when an assault occurs and the defendant is using a deadly weapon, or is using the weapon to commit some serious crime, it is referred to as “aggravated assault.”  Due to the more serious nature of an aggravated assault, punishments connected to aggravated assault of more severe. Injury is not a necessary component of an aggravated assault or an assault with a deadly weapon.

Felony Charges

According to Alaska laws, aggravated assault charges could be in the first degree if “that person recklessly causes serious physical injury to another by means of a dangerous instrument.” First degree assault is considered a “Class A Felony.”

Assault in the second degree, according to Alaska laws states that it must be done “with the intent to cause physical injury to another person, that person causes physical injury to another person by means of a dangerous instrument.” Second degree assault is considered a “Class B Felony.”

 In the case of assault in the third degree the person must “place(s) another person in fear of imminent serious physical injury by means of a dangerous instrument; (b) causes physical injury to another person by means of a dangerous instrument.” Third degree assault is considered a “Class C Felony.”

Penalties and Criminal Charges

Felony Class

Criminal Charges

Penalties

Class A Felony

Manslaughter

Armed Robbery

Aggravated Assault

Up to 20 years in prison

 

Exceptions made based on nature of the crime and prior history

Class B Felony

Robbery

Burglary

Assault

Up to 10 years in prison

 

Exceptions made based on nature of the crime and prior history

Class C Felony

Assault

Battery

Criminal Mischief

Usually up to 5 years in prison

 

Exceptions made based on nature of the crime and prior history

 

Plea Options

When charged with assault with a deadly weapon, the defendant has the option of pleading guilty, nolo contender (no contest) or not guilty. In the case of pleading guilty no court case is required to prove guilt and the judge and/or jury can determine the sentencing for the crime dependent upon the circumstances and prior history of the defendant. Nolo contender allows the defendant to neither plead guilty or innocent of the charges against him, but the case will have to go to court. If pleading innocent the case will have to go to court to determine guilt, as the defendant begins from a point of being innocent.

Get Legal Advice

Conviction for assault with a deadly weapon, depending upon the circumstances and seriousness of the crime can result in serious prison time (up to 20 years) as well as fines, parole, probation, and the loss of rights and ability to be employed in certain sectors of the workplace. It is best to speak with an experiences attorney who fully understands the law and your rights and who will protect you and see you through the legal hurdles. It is the best opportunity a person charged with this crime has of escaping the serious consequences for this crime.

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