Aggravated Assault is applying intentional force to another person paired with circumstances that elevate the crime to the category of aggravated. The following are some circumstances which may cause an assault charge to be considered aggravated:
- Use of a deadly weapon.
- Serious bodily injury or harm results.
- The act is against a police officer, fireman, or security guard.
- The assault is against a family member.
Depending on the jurisdiction, factors not considered here may constitute aggravated. The definition of deadly weapon is not limited to guns and may include any device, implement, or instrumentality capable of producing death or serious bodily injury. Punishment varies by state, but can include six months to twenty years imprisonment and a fines can imposed as well.
Sentencing Enhancements for Using a Deadly Weapon
There is a range of possible sentences for aggravated assault with a deadly weapon. They vary by state, and can be found in a states criminal statutes. Sentencing can be influenced by any defenses, circumstances surrounding the crime, the extent of any injuries incurred, whether a weapon was utilized, prior criminal record of the accused, and in some situations the victim's background.
If the offense involved a weapon, other criminal charges may also be filed in addition to the aggravated assault charge. Anytime a deadly weapon is involved, enhancements in addition to any statutory sentencing guidelines are likely. An additional year or more may be added to the sentence depending on the jurisdiction and the sentencing official.
Defense Options for Charged Criminals
There are options with sentencing for assault with a deadly weapon. In some instances, as when there was no actual injury to the victim, the charges may be reduced to a misdemeanor. Additional defense options include, but are not limited to, the accused was acting in self-defense or in defense of another person. By employing a proper defense, an accused may be able to have alternative sentencing including court ordered classes and probation or community service, depending on the circumstances of the case.
Help from a Lawyer
It is important to get the help of a criminal defense attorney who can advise you of your best options in fighting an assault charge. When you are under investigation for aggravated assault, it is important to protect your rights and work with an attorney who can improve your chances of achieving the best possible outcome. An attorney will thoroughly investigate your case, aid you in asserting any possible defenses, and guide you through the proper procedures of criminal court.
Assault With a Deadly Weapon: 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 | CLASS B FELONY to CLASS A MISDEMEANOR | Varies by Case | Varies by Case | 1 ST Degree Assault: (CLASS B FELONY) Intending serious physical injury to another person using a deadly weapon or dangerous instrument; or intentionally causing a person to be disfigured seriously and permanently; or with extreme indifference to the value of human life, recklessly engaging in conduct creating a grave risk of death to another person, and causing serious physical injury to a person; or while committing arson in the first degree, burglary in the first or second degree, escape in the first degree, kidnapping in the first degree, rape in the first degree, robbery in any degree, sodomy in the first degree or any other felony clearly dangerous to human life, or of immediate flight therefrom, causing serious physical injury to another person; or while driving under the influence of alcohol or a controlled substance or any combination causing serious bodily injury to another with a motor vehicle 2 ND Degree Assault: (CLASS C FELONY) Intentionally causing serious physical injury to another person, actions result in serious physical injury to any person. (2) With intent to cause physical injury to another person, actions result in physical injury to any person by means of a deadly weapon or a dangerous instrument. (3) He or she recklessly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument. 3 RD Degree Assault : (CLASS A MISDEMEANOR) Intentionally or recklessly causing physical injury to a person; or with criminal negligence causing physical injury to another person by means of a deadly weapon or dangerous instrument. |
| Alaska | $10,000-$250,000 | up to 15 years | up to 5 years | Judge may order counseling and/or restitution. |
| Arizona | Varies by Case | Varies by Case | Varies by Case | |
| Arkansas | $ 1000-10,000 | 1 year-4years | 6 months- 5 years | suspended license |
| California | up to $10,000 | 3-12 years | 1 year | Violence Counciling |
| Colorado | up to $10,000 | 3 years | 6 months | community service |
| Connecticut | Fines up to $15,000 | Up to 20 years in Prison (5 years minimum) | Varies by Case | There are additional, enhanced penalties for: Assault on a Pregnant Woman, Assault on a Blind Person, # Assault on a Dept of Correction employee, or prison official . These charges may result in a required or additional 1 year in prison, mandatory. |
| Delaware | up to $1000 | up to 6 months in jail | Varies by Case | Community service |
| District of Columbia | $10,000-$250,000 | 5 yeras to LIFE | up to 5 years | Judge may order restitution, counseling, community service and/or loss of some constitutional rights as a result. |
| Florida | $500-10000 | 2-4 years | 5 years | community service |
| Georgia | $5,000-$25,000 | 1 year-15 years | up to 5 years | Judge may order restitution. Also in GA, if the victim died the judge can order the death penalty. |
| Hawaii | $1000-$10000 | 2-4 years | 2-20 years | community service |
| Idaho | $10,000-$100,000 | 1 year-15 years | 1-5 years | Judge may order counseling and/or restitution. |
| Illinois | 1200-1500 $ | 6M-1Y | 6M-1Y | |
| Indiana | $1000-5000 | 6 months | 25 years | community service |
| Iowa | Up to $1,000,000 | 6 months-3 years | 1 year | community service |
| Kansas | 1000 | 6 months | four years | community service |
| Kentucky | 500 | 5 years state prison | Varies by Case | |
| Louisiana | up to $1000 | up to six months | Varies by Case | minimum sentence of 120 days under certain circumstances |
| Maine | Resitution Based | 1-30 years depending on weapon used | up to 2 years | As the judge sees fit |
| Maryland | Varies by Case | Varies by Case | Varies by Case | It is a federal offense |
| Massachusetts | Varies by Case | upto 10 years | Varies by Case | |
| Michigan | $1,000-2,000 | 1-20 years | 6-60 months | |
| Minnesota | $5,000-$250,000 | 1 year-15 years | up to 5 years | Judge may order restitution and/or counseling. |
| Mississippi | Varies by Case | 10-25 years | Varies by Case | |
| Missouri | $1,000-$25,000 | 6 months-7 years | up to 3 years | Judge may order anger management. Also criminal may not be able to purchase or posess a firearm depending on the judges ruling. |
| Montana | Varies greatly | 12-months + | 2 years + | It depends on 1st degree, 2nd degree, etc. and the penalties for such can vary a large amount from 12+ months up to 12 years. |
| Nebraska | 1000 | 6 months | 37-46 months | community service |
| Nevada | $5000-$10000 | 6 months-6 years | 1-6 years | community service |
| New Hampshire | Varies by Case | 3-20 years | Varies by Case | Neither the whole nor any part of the minimum sentence imposed under this paragraph shall be suspended or reduced. |
| New Jersey | $10000-$485000 | 2 to 4 years | 10 years | community service |
| New Mexico | $5,000-$25,000 | 6 months-15 years | up to 3 years | Judge may order anger management. Also if they used the car as a weapon they may lose their license and the car be impounded. Judge will probably order restitution. |
| New York | 10000 | 2 to 4 years | Varies by Case | |
| North Carolina | Varies by Case | If the assault occurred and there was intent to kill resulting in serious bodily injury, the charge will be a Class C felony. Class C felonies are punishable by 44-92 months for first time offenders. This means if you have any prior convictions on your record, that sentence could potentially grow. If the assault occurred without the intent to kill but resulted in serious bodily injury, it would be considered a Class E felony. Class E felonies are punishable by 15-31 months in prison for a clean criminal record. If the offense occurred with intent to kill but not resulting in serious bodily injury it is also a Class E felony punishable by 15-31 months for a first time offense. | Varies by Case | If the assault occurred and there was intent to kill resulting in serious bodily injury, the charge will be a Class C felony. Class C felonies are punishable by 44-92 months for first time offenders. This means if you have any prior convictions on your record, that sentence could potentially grow. If the assault occurred without the intent to kill but resulted in serious bodily injury, it would be considered a Class E felony. Class E felonies are punishable by 15-31 months in prison for a clean criminal record. If the offense occurred with intent to kill but not resulting in serious bodily injury it is also a Class E felony punishable by 15-31 months for a first time offense. |
| North Dakota | $5000 - $20000 | 18 months - 8 years | 2 year s - 6 years | |
| Ohio | 1000 | 6 months | 3 years | community service |
| Oklahoma | 1000 | 6 months | 210-240 months | drug classes |
| Oregon | $1000 -5000 | 6 months | 1 year | community service |
| Pennsylvania | $500-5,000 | 7-25 years | 12-18 months | |
| Rhode Island | $0-$5,000 | 60 months | 36 months | |
| South Carolina | Varies by Case | 3-15 years | 20 years | community service |
| South Dakota | $1000-10000 | 3 to 15 years | 10 years | community service |
| Tennessee | $0-50,000 | 0 years to "long term" i.e. 75 years | 0-5 years | Loss of ability to own or possess a firearm or weapon, Mandatory community service, restitutions to victims, mandatory enrollment in Anger Management class, loss or suspension of license, mark on criminal record |
| Texas | up to $4000 for 1st; more for 2nd | 1st conviction up to 1 year; 2nd 2-10 years | Varies by Case | judge can require that you seek counseling within 60 days of beginning probation. |
| Utah | 1200-2500 $ | 30-180 days suspended 1st offense | 3-6 years | |
| Vermont | $10,000-$250,000 | 1 year-25 years | 1 year-5 years | Judge may order counseling and/or restitution and/or house arrest after parole. |
| Virginia | $10,000-$25,000 | 1 year-10 years | 1 year-5 years | Judge may order counseling and restitution. |
| Washington | Up to $20,000 | 10 years | Varies by Case | |
| West Virginia | $1,000-10,000 | 20-25 years | upto 3 years | |
| Wisconsin | $1,000 - $10,000 | 6 months - 25 years | up to 5 years | Judge may order anger management classes. Also if the weapon was a vehicle they may lose their license for a year. If they weapon was a firearm they may not be allowed to possess firearms just depending on the judges ruling. If murder was involved the death penalty is an option in some states. |
