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Criminal Defense Resources
- Find Criminal Defense Lawyers, Criminal Law Attorney Finder
- The Changing Landscape of Drug Laws in the United State
- No Jail Time: Choosing the Right Plea Bargain Strategy
- The Rights of Immigrants Charged with Criminal Offenses
- When Misdemeanors Escalate Into Felonies
- Even White Collar Crimes Carry Long Prison Sentences
- More Criminal Defense Articles
What Are The Different Types Of Criminal Assault
Assault can be a misdemeanor, but in most cases, it is treated as a felony since it is a crime of violence against a person. There are different types of assault, and the penalties vary greatly.
This is a lesser degree of assault and is generally charged as a misdemeanor. It is usually committed if a person knowingly or recklessly causes bodily injury. The mere threat of serious injury that the victim reasonably fears is real and immediate is enough to constitute this offense.
A fight with minor injuries could be charged as a disorderly persons offense with less jail time than the usual misdemeanor, which carries a jail sentence up to one year.
This includes the various and more serious assault charges. The individual U.S. states charge serious assaults differently, with some categorizing them in classes or degrees, while other states describe them in more specific terms, such as assault with a deadly weapon or assault by auto.
To be considered an aggravated assault, the offender must have had the intent to cause serious bodily injury; used a deadly weapon like a gun, bat, knife or motor vehicle; and caused temporary or permanent injury.
The degree of assault and its penalties usually depend on the seriousness of the injuries, the status of the victim and whether a weapon was used.
Assaulting a public official, such as a police officer, fireman, judge or city official is usually considered a felony, even if the individual only sustained minor injuries.
This is also known as rape and involves sexual penetration without the person's consent. In some states, it is defined as having carnal knowledge of another forcibly and against another person's will. A husband can be charged and convicted of raping or sexually assaulting his wife.
Improper touching or even voyeurism is considered a sexual assault.
Sex crimes carry more serious penalties, and an offender can be sentenced to life in prison.
Retain An Attorney
Retaining a criminal defense attorney is vital, considering the severe penalties depending upon the type of assault with which you are charged.