Assault is not always a violent crime. Prosecutors only need to demonstrate
that you committed an act that would
probably lead to a physical attack.
The fundamental characteristics of assault are:
- The defendant attempted to commit a forceful act
- The defendant had the ability to commit the alleged forceful act
Aggravated Assault Penalties
- One Year in Jail
- Fine ($10,000)
- Victim Restitution
- Community Service
- Anger Management Classes
- Informal Probation
Is assault a misdemeanor or a felony?
Simple assault is a misdemeanor; aggravated assault can be a felony. Aggravated
assault (Assault with a Deadly Weapon) is a "wobbler." It can
be charged as a felony or a misdemeanor, depending on the circumstances
surrounding the crime. These factors include the type of weapon, the victim's
injuries (if any), and if the victim was a "protected individual."
Officers, firefighters, etc. are protected.
Aggravated assault must involve a weapon, but the legal definition of "weapon"
is very broad. Any potentially dangerous object – such as a broken
bottle, a car, or a sharp pencil – is a deadly weapon if someone
threatens to harm another person with it.