Simple and Aggravated Assault Laws and Penalties in Vermont

Harming another, threatening harm, or trying to injure someone can result in assault charges in Vermont. A person can face misdemeanor or felony penalties, including possible time behind bars, steep fines, or both. Read on to learn how Vermont defines, classifies, and punishes assault crimes.

What Is Assault in Vermont?

Assault crimes involve:

• causing bodily harm to another
• attempting to cause such harm, or
• placing another in fear of imminent serious injuries.

Vermont divides assault offenses into three main categories—simple assault, aggravated assault, and assault and robbery. The categories and penalties for assault depend on the level or risk of harm involved, the defendant's intent, whether a weapon was used, and whether the defendant targeted a protected professional.

Defendant's Intent

For most assault crimes, Vermont requires a prosecutor to prove a defendant acted purposely, knowingly, recklessly, or negligently. People act purposely when they consciously desire a certain result. Knowingly means the person is aware of the nature or consequences of their conduct. Reckless behavior involves acting in conscious disregard of a substantial risk of harm. Finally, criminal negligence means the person should have been aware that their actions would result in harm.

Level or Risk of Harm

Vermont distinguishes between assaults resulting in, or attempting to cause, bodily injuries versus serious bodily injuries.

Bodily injury. A bodily injury is any physical pain, illness, or impairment of a physical condition. This could be bruises, swelling, cuts, scratches, or headaches, as examples.

Serious bodily injuries include injuries that create a substantial risk of death, cause a substantial loss or impairment to the body or health, or cause substantial disfigurement. Examples of serious bodily injuries could include broken bones, gunshot or stab wounds, injuries requiring surgery, damage to internal organs, or serious scarring to the face. Strangulation is another form of serious bodily injury.

Deadly Weapons

Most assaults with a deadly weapon are aggravated assaults. A deadly weapon is any firearm, weapon, device, instrument, or material that's intended to inflict harm or that can be used to cause death or serious bodily injuries. For example, pistols, hunting knives, and metal knuckles are weapons. A person can also use a rope, box cutter, crowbar, oven cleaner, or broken glass bottle as a weapon.

Protected Professionals

Vermont law, like many other states, increases assault penalties when a defendant targets certain professionals who are doing their jobs. These victims include police officers, firefighters, correctional employees, healthcare workers, employees of the Department for Children and Families, and emergency medical personnel.

What Is Simple Assault in Vermont?

A person can commit simple assault in one of three ways—by:

• purposely, knowingly, or recklessly causing or attempting to cause another bodily injury
• negligently causing another bodily injury with a deadly weapon, or
• attempting to put another in fear of imminent serious bodily injury by physical menacing.

For example, intentionally striking someone in the face and causing a bruise would be considered simple assault, as would recklessly throwing a firecracker into the air in a busy public area and burning someone. Pushing someone down a set of stairs could be an assault. Pinning someone against a wall and threatening to break their arm is another example.

What Are the Penalties for Simple Assault in Vermont?

Simple assault carries misdemeanor penalties of up to a year in jail and a maximum $1,000 fine. If the offense involved a mutual fight or scuffle, the maximum penalty is 60 days of jail time and a $500 fine.

(Vt. Stat. tit. 13, §§ 1021, 1023 (2024).)

What Is Aggravated Assault in Vermont?

Aggravated assault crimes in Vermont can involve any of the following:

• purposely, knowingly, or recklessly causing or attempting to cause serious bodily injuries to another
• purposely or knowingly causing or attempting to cause bodily injuries to another with a deadly weapon
• threatening another with a deadly weapon while armed
• administering a drug or other substance to a person without their consent and with the intent of causing stupor, unconsciousness, or other harm, or
• causing physical injury to a law enforcement officer intending to prevent the officer from performing their duties.

Examples of aggravated assault could include:

• resisting arrest and hitting the officer in the process
• stabbing or shooting someone and causing harm requiring surgery or extensive stitches
• slipping a drug into a person's drink to cause them to lose consciousness
• pointing a loaded gun at someone and threatening to kill them
• purposely grabbing a person by the neck to prevent their breathing
• trying to hit someone in the head with a crowbar but being tackled before they can do so, or
• shoving someone near a set of stairs and the person falls and breaks an ankle.

(Vt. Stat. tit. 13 §§ 1021, 1024 (2024).)

What Are the Penalties for Aggravated Assault in Vermont?

Aggravated assault is a felony in Vermont. The harshest penalties apply to convictions for causing or attempting to cause a victim serious bodily injuries or bodily injuries with a deadly weapon. A convicted defendant will face up to 15 years of prison time and a $10,000 fine. All other aggravated assaults carry the possibility of up to 5 years in prison and a $5,000 fine.

What Are the Penalties for Assault of a Professional in Vermont?

A person who assaults one of the protected professionals (listed above) can face penalties that are in addition to the underlying crime of simple or aggravated assault. Defendants can receive an additional one year of imprisonment for a first offense. Repeat offenses can mean an additional sentence of up to 10 years' incarceration.

This law also creates another form of assault against protected professionals. Specifically, a person commits assault by intentionally causing bodily fluids, vomit, or excrement to come into contact with a protected professional while they're performing their duties. This crime is a misdemeanor, punishable by up to one year in jail and a $1,000 fine. If the defendant is in a correctional facility, the maximum sentence increases to two years.

(Vt. Stat. tit. 13, §§ 1028, 1028a (2024).)

What Are the Penalties for Assault and Robbery?

Assaulting someone while trying to rob or steal from them carries felony penalties. A defendant who's armed with a dangerous weapon faces one to 15 years of prison time. If the assault causes bodily injuries, the penalty increases to one to 20 years of prison time. All other assault-and-robbery convictions carry up to 10 years in prison.

(Vt. Stat. tit. 13, § 608 (2024).)

What Are Possible Defenses to Assault Charges in Vermont?

A person facing simple or aggravated assault charges can fight the charges in several ways, including by poking holes in the prosecution's case or by raising an affirmative defense.

Self-defense. A defendant might claim self-defense or defense of others if the alleged victim started the altercation or was about to. To be successful, the defendant can only use as much force as is reasonably necessary to prevent the threatened injuries.

Reasonable doubt. The defense might also try to poke holes in the prosecution's case by arguing the prosecution failed to prove the required intent or harm. In this case, the defense might be able to get the charges dismissed or reduced.

Talk to a Lawyer

If you face simple or aggravated assault charges, contact a criminal defense attorney. A lawyer can help you understand what's at stake, what defenses might be available, and how to best protect your rights.