ABC’s of Assault and Domestic Violence Cases . Assault with a Deadly Weapon: California law treats assault with a deadly weapon as a wobbler, so at times it’s charged as a misdemeanor and other times it’s charged as a felony. California criminal law recognizes three types of assault: simple assault, aggravated assault, and assault with intent to commit a felony. The difference between a misdemeanor assault versus a felony assault will largely depend on the laws of a particular state. Any other specific consequences will be … In this case, the punishment would likely be the same as that for assault 3. A crime goes from misdemeanor assault to aggravated assault when the perpetrator intends to more than simply frighten the victim. If you face sexual assault charges in Minnesota, you should contact a sexual assault lawyer as soon as possible. Misdemeanor. Further, there are other aggravating factors which change the … The offense of “assault and battery” means that the defendant made intentional (non-accidental) physical contact with another person and without consent to do so. If you have been charged with misdemeanor or felony assault, you should immediately contact an experienced assault defense attorney at The H Law Group to defend you and keep you out of jail or prison. Assault with an intent to rob or kill is considered an aggravated assault, as is assault with a deadly weapon. Our keen understanding of New York Assault Law, and our aggressive defense strategy have produced the following results, among many others: The distinction between felony assault and misdemeanor assault under New York Assault Law usually involves the severity of the injuries the alleged victim suffers, as well as the circumstances under which the alleged assault occurs. In California assault can be charged as either a misdemeanor or a felony in California. Misdemeanor-offenders often face short jail sentences, fines, and restrictions following their conviction (while domestic assault is a misdemeanor, those convicted are no longer … If charged as a felony, you face up to four years in prison and fines of up to $10,000. Assault charges will be raised from a Misdemeanor to a Felony if at least one of 10 aggravated factors surround the offense; In California, assault is defined as an attempt to inflict physical harm or unwanted/offensive contact upon a person. Schedule your free consultation today by filling out the contact form below or by calling us at 1 (213) 370-0404. Our attorneys have represented thousands of clients, so they have the knowledge and experienced to achieve the best possible results for you. Much like felonies, though, misdemeanors will certainly be assigned a monetary fine that can range anywhere from $200 to about $10,000, far less than the $250,000 fine a Federal felony may potentially result in, and additional punishments, like mandatory rehabilitation programs and … Misdemeanor Assault Our Client was charged with assault after breaking the victim’s nose and orbital bone in their eye, causing permanent nerve damage. The class of crime and the sentences depend on the circumstances of the incident and what facts the prosecutor can prove. Assault: Third Degree. Indeed, misdemeanor assault and battery can carry a maximum penalty of up to 12 months in prison and a $2,500 fine. Aggravated assault is punished as a felony in all 50 states. Again, since felony assault is considered a much more serious crime than misdemeanor assault, the legal penalties will match the level of severity. ; 6 to 18 months incarceration, which still have serious consequences refers a! 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