There are two main differences between Felony Assault charges and Misdemeanor Assault charges: Aggravated Factors – Circumstances which are involved in Aggravated assault that are not present in Misdemeanor assault. In California, assault is defined as an attempt to inflict physical harm or unwanted/offensive contact upon a person. Class … Our attorneys have represented thousands of clients, so they have the knowledge and experienced to achieve the best possible results for you. For example, slapping another person or spitting on them would be considered a simple assault, and would be charged as a misdemeanor. A deadly weapon can be a gun, a knife, or something fashioned into a weapon, like a screwdriver. An Assault Attorney Can Help You Fight Aggravated Assault Charges This was misdemeanor assault and battery because the motion of my arm towards his clipboard was considered assault and the physical contact of my arm touching his hand made it battery. A common example to differentiate misdemeanor and felony assault is the distinction between a slap to the face and a punch that causes a broken jaw and other injuries. Misdemeanor Assault If you want the best possible chance at staying out of prison and with your loved ones, Contact The Blanch Law Firm today for your initial consultation. Felony. 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. That said, a felony aggravated assault conviction cannot be expunged if you served any prison time. Assault in the First Degree Assault charges will be raised from a Misdemeanor to a Felony if at least one of 10 aggravated factors surround the offense; The offence of assault is created by section … Simply threatening someone with violence will not garner … In other words, assault is the attempt to commit battery. Under Nevada Revised Statute 200.481, if the battery is done without a deadly weapon and the victim did not suffer bodily harm, the battery is then charged as a misdemeanor offense. When it comes to federal or state assault and battery charges, it is either a felony with much more serious penalties and time in prison, or a misdemeanor with much lesser consequences. To inflict a violent injury on the person of another, and, The defendant had the present ability to carry out the assault, The amount of force used by the defendant, Whether the defendant used a weapon, deadly weapon, or firearm, The defendant did not assault the alleged victim, The defendant assaulted the alleged victim but did so in self-defense or the defense of others, The defendant is a victim of mistaken identity, The defendant is being falsely accused of assault. In this case, the punishment would likely be the same as that for assault 3. Misdemeanor Assault vs Felony Assault - What's the Difference? Both felony and misdemeanor Assault Charges have serious consequences, including heavy jail time, serious fines and more. Sexual assault, codified as “sexual battery” under Penal Code 243.4, can be classified as a misdemeanor or a felony depending on the circumstances. Any reasonable threat to a person is assault while battery is defined as use of force against another with intent of causing physical harm without his consent. Simply threatening someone with violence will not garner such a severe charge. If convicted of misdemeanor simple assault, a person can be punished with up to six months in county jail, as well as payment of court fees and fines. If you have been charged with felony assault or a misdemeanor assault, you need a highly skilled, highly qualified Assault Lawyer who can provide an excellent legal defense. Assault: Third Degree. In California assault can be charged as either a misdemeanor or a felony in California. Third-degree felony assault comes with a prison term of up to 10 years. What determines it being a felony or a misdemeanor relies heavily on that amount of harm done, whether it was aggravated, if there was a deadly weapon, and more. To know whether the conviction can be removed from your record, you should contact an experienced assault defense attorney and ask them about whether the conviction can be removed from your criminal record. Misdemeanor. 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 some cases, a person may face a Class A felony, which carries a maximum potential sentence of 20 years in jail and a $250,000 fine. Assault and battery crimes can be charged as a misdemeanor or felony. The California Penal Code section 240 defines “assault” as an unlawful attempt, coupled with a present ability, to commit a violent injury to another. 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 … Simple assault is almost always charged as a misdemeanor in the State of California. When certain aggravating circumstances exist or the subject of the assault falls within a certain class of persons, however, the charges can increase. Misdemeanor. A criminal assault will be classified as a felony if it involves the infliction of serious bodily injury, possibly involving the use of a dangerous weapon. ©2018 All Rights Reserved Attorney Advertising | Disclaimer, This jQuery slider was created with the free, Domestic Violence, Domestic Assault & Abuse. Assault is typically classified as a Class 1 misdemeanor … For example, assault in the first degree involves intent to cause serious physical injury as well as actual serious physical injury, and could result in a B Felony Charge which has a maximum 25 years in prison! For the prosecution to convict a person of assault, the prosecution must prove the following elements beyond a reasonable doubt: Note: People often use the term assault and battery interchangeable, but for purposes of California Law, assault refers to an attempted battery. First-Degree Sexual Assault . Therefore, if you are arrested for assault of any kind, it is imperative that you understand how the statute dictates charges, and work with a criminal defense attorney to ensure your simple assault does not turn into a life … Whether you’ve been charged with misdemeanor assault or felony assault in California, you should immediately contact an assault criminal defense attorney at The H Law Group to defend you. While the vast majority of individuals charged with assault will face a misdemeanor, there are instances where the prosecution may opt for a felony charge. Assault is usually broken down into three categories in ascending order of seriousness. Menacing: Deadly Weapon. Thus, the meaning of the felony vs. misdemeanor relationship is one of degree. So, if you have been charged with felony aggravated assault, you should hire an experienced assault defense attorney at The H Law Group as he may be able to have your felony assault charge reduced into a misdemeanor assault charge. Aggravated assault charges are usually brought up against individuals when the following types of scenarios have taken place: Serious bodily injury and/or substantial disfigurement was inflicted upon another person. Assault is a misdemeanor punishable by one year imprisonment; assault with "intent to have carnal knowledge of him or her" or who indecently assaults another, or who commits other more-serious variants of assault (as defined in the Act) are guilty of a felony, and longer prison terms are provided for. Here are some of the defenses that your attorney may be able to use to defend you regardless of whether you were charged with misdemeanor assault or felony assault: Simple assault charges are unlikely to have negative immigration consequences; however, aggravated assault can have negative immigration consequences because it’s considered to be an aggravated felony. So yes, there are … If charged as a felony, you face up to four years in prison and fines of up to $10,000. Felonious assault is a felony punishable by up to four years in prison and a $2,000 fine. A felony conviction of aggravated assault also could result in a strike being added to your record under California’s Three Strikes law. Assault in the fourth degree is considered a misdemeanor. For example, if a person attempts to punch you in the face, but misses, this would be an example of assault. Misdemeanor assault carries a jail sentence of up to one year. As you can see, assault charges (whether felony assault or misdemeanor assault) can lead to serious consequences. However, if a person were to throw a punch and land it on another person’s face, this would be battery because he actually made contact with the person of another. Assault and battery happens when this threat is ram… A simple assault conviction, which is always charged as a misdemeanor can be expunged by filing a petition to have it expunged (removed) from your criminal record. The Blanch Law Firm was able to secure a deal where our client would plead to a violation and spent no time in jail. 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