Assaultive Offenses
Assault and battery is the most straightforward assault charge. It is a misdemeanor punishable by up to 93 days in jail and a fine of not more than $500, or both. Oftentimes, defendants will receive probation with conditions determined by the court.
An aggravated assault occurs when the victim sustains an “aggravated” injury during the course of the assault. Unfortunately, the term “aggravated” is not clearly defined in the law and is thus open to some level of interpretation. This misdemeanor conviction carries up to 1 year in jail and a $1,000 fine, or both.
A felonious assault occurs when a defendant assaults a victim with a dangerous weapon, which can include a gun or knife as well as objects such as a bottle, bat, hammer, or more. As the name implies, this is a felony crime punishable up to 4 years in prison. If the weapon in question is a gun, an additional charge of felony firearm, which carries a mandatory 2-year jail sentence, will also be brought.
A defendant can be charged with assault with intent to do great bodily harm less than murder (GBH) if he or she intended to cause great bodily harm. To gain a conviction for this crime, the prosecution must prove intent. This charge carries up to 10 years in prison or a fine of up to $5,000.
Assault with intent to murder (AWIM) is reserved for assaults in which the defendant intended to murder the victim. Intent can be displayed by the nature, number and severity of injuries or the defendant’s words. The maximum penalty is life in prison.
If you or a loved one faces any of these charges, contact our office today to get the assistance you need.
