First degree assault is a serious crime involving infliction of bodily harm on another person. It is the most serious degree of assault charges and may include (but is not limited to):
- Causing serious bodily injury to another person.
- Intentionally disfiguring or disabling another person.
- Knowingly creating a risk of death, and in doing so, causing serious bodily injury to another.
- Intentionally cause or attempt to cause serious bodily injury to a police officer, firefighter, or judge, by threatening them with a deadly weapon.
1st Degree Assault Charges
In Minnisota, first degree criminal assault is charged when great bodily harm is caused or when deadly force is used against a police officer. Other states that use first degree assault include (but are not limited to) Hawaii, Oregon, Washington, Alaska, New York, Maryland, Connecticut, Colorado, and Missouri. Check your state's criminal code to find out if this charge is utilized.
Charges will depend on the circumstances surrounding the allegations. Because first degree assault chares can lead to long prison terms, employing any available defense to assault is a must. Some possible defenses to first degree assault are heat of passion, defense of another, and imperfect self-defense. If proven, self-defense is a complete defense that will result in the charge being dropped.
Penalties and Sentencing
Sentencing and penalties will depend on the surrounding circumstances of the crime and the state in which charges are made. Some examples of individual state penalties for this crime include:
- Minnesota – imprisonment for not more than 20 years and a fine of not more than $30,000.
- Connecticut – up to 20 years with a minimum of 5 years and fines of up to $15,000
Depending on the state, there may be additional, enhanced penalties for assaulting a pregnant woman (may include two charges – one for the mother and one for the unborn child), assault on a helpless or disabled person, or for assaulting a peace officer, Department of Corrections officer, or a prison guard. These enhancements may carry an additional mandatory penalty of one or more years in prison.
How a Lawyer Can Help
First degree assault cases can be complicated, and the facts of an individual case will determine the best strategy for defending it in court. Getting a lawyer to review the facts of your case and advise you of your options is the best way to make sure you do everything possible in your defense. There are many ways to defend a criminal assault case in court. An attorney may be able to contest the intent of the accused or challenge the seriousness of injuries. Working with an attorney will help you understand the parameters of a case including possible defenses, pertinent facts, and best tactics.
