For instance, federal law divides assault into a felony punishable by 10 years imprisonment and a misdemeanor punishable by one year imprisonment. While there are many lawyers, you owe it to yourself to find someone who has experience in the courtroom. They will make sure you get the right help and advice you could need. It all comes down to the seriousness of the injury due to the violent offense. You reasonably did not know the person was an official performing their duty, You were acting in good faith in self-defense or defense of others. Simple Assault is a misdemeanor and if this is your first offense you may be eligible for a program known as ARD. Simple assault in Colorado is considered a Class 1 misdemeanor offense as well as an “extraordinary risk” crime. This is why you need a lawyer who is educated and has a passion for criminal law. Let us show you what we can do! Having a criminal record can affect housing and employment options, so it’s important to beat your simple assault charge. It may also qualify if the accused has committed assault in the past. The seriousness of the threat and surrounding circumstances will make the assault charge a felony or a misdemeanor. This is most typically seen between spouses as an act of domestic violence, between parents or guardians and kids, or among friends or siblings or even between two unknown persons. It used to be that assault and battery were separate crimes. The judge may also place conditions (short of formal probation) on a defendant who receives a violation. These are punishments allowed under the law for a simple assault charge. Once you are charged with first-time assault and battery, you may feel like you are in the fight of your life. Depending on the nature of the assault, such as a sexual assault or an assault with a weapon, the sentence could be an absolute discharge, all the way up to 10 years jail time if the assault involved a weapon or caused bodily harm. Disclaimer: From his office in Golden Miller Leonard defends the criminally accused in State and Federal courts. in Golden, Colorado today. The consequences for these offenses can be severe. It all comes down to the seriousness of the injury due to the violent offense. While the first and second degree assault charges are considered felony offenses, simple assault is often a misdemeanor crime. Copyright Andrea M Kolski 2020. In Texas, if someone is convicted of assault and battery it could be classified as a misdemeanor. All states have laws that deem assault a crime. Indeed, criminal charges threaten our most basic possession: Our freedom. This is not a time to play around. Results matter now more than ever. It may seem that it is designed that way and while that may be true, it can also be simple. Additionally, you may find yourself with a fine up to $1,000. What you need right now is a real lawyer who can help you through this. a swing and a miss); or The first and most important thing to do is to hire the right lawyer. If this is the first time you are being charged with a crime, you should ask your lawyer about all possible options. If someone is charged with simple assault as a summary conviction, this is the less severe of the two charges, and can actually be processed directly by a judge with no need for a jury or a jail sentence. If you punch someone in the jaw during an argument, that’s simple assault. Yes, you do have options. Sometimes there are mandatory minimum sentences that judge must had down, but often with simple assault cases, especially if it is your first time being charged, the judge has a great amount of discretion to decide what kind of penalty you will face. There is no denying how frightening it can be to be. Domestic cases often start with a phone call to 911 looking for police assistance. Hi my name is Amy. If you have been charged with first-time assault and battery, call us today and find out how we can help! Simple assault during mutual combat is a violation, punishable by a fine of up to $1,000. You can be charged with simple assault if you intentionally, knowingly, or recklessly cause bodily injury to somebody else. Under Michigan law, simple assault and battery is a misdemeanor offense that could get you locked up for up to 93 days, cost you $500.00 in fines alone, and have you reporting to a Probation Officer for months. Crown Court judges have the power to issue more severe consequences, upwards of the 6 … If you are arrested and charged with a first time simple assault charge in Colorado, the experienced criminal defense attorneys at Miller Leonard, P.C. Having good, solid legal help will make an assault and battery charge much easier to understand and work through. This is your life on the line and you want someone who is not afraid to take on the fight! While the first and second degree assault charges are considered felony offenses, simple assault is often a misdemeanor crime. If you are arrested and charged with a first time simple assault charge in Colorado, the experienced criminal defense attorneys at Miller Leonard, P.C. A person can also be charged with this offense for knowingly injuring, threatening, or harassing any police, firefighter, or other protected employee with a dangerous substance. Simple assault is a misdemeanor meant to protect people from being attacked. The third degree of assault is also known as simple assault and is the least serious of the three types. For a first offense, a judge usually does not hand down the toughest penalties. There are two forms of misdemeanor (or “simple”) assault in Washington, D.C.: (1) attempted-battery assault and (2) intent-to-frighten assault. People may scoff at the idea of prison time for first-time assault and battery, but it can happen. Colorado separates the crime of assault into three different levels: first and second degree assault are considered forms of aggravated assault. This field is for validation purposes and should be left unchanged. August 28, 2020 I punched him in the face twice, and scratched him. A misdemeanor carries a potential jail term of less than one … A “simple assault” charge is not as minor as it sounds. A simple assault charge is most commonly charged in cases of fights or minor injuries. That is why this is not a battle to take on by yourself, but with the right lawyer who will represent you and your interests. The majority of simple assault cases are filed in your local municipal court. The use of a deadly weapon can include a firearm, either loaded or unloaded, as well as a knife, bludgeon, or any other weapon, device, instrument, material, or substance that has the potential to cause death or serious bodily injury. This is not a world you are used to so everything seems overwhelming. Any assault charge in New York is very serious. However, judges usually sentence defendants without a criminal record more leniently, potentially producing reduced penalties. Now is when you need the best lawyer. While there is no minimum sentence for simple assault charges in Ohio, the maximum statutory penalties for this highest-level misdemeanor is up to 180 days in jail and a criminal fine of as much as $1,000. What Are the Penalties for Simple Assault in Rhode Island? Assault normally involves some type of threat of bodily harm, while a charge of battery requires intentional physical contact. How you are charged will depend upon many things; however, if any of the following conditions exist, you can be charged with the more severe crime of aggravated assault : An assault is any unlawful attempt or offer with force or violence to do a corporal hurt to another, whether from malice or wantonness; for example, by striking at him or even holding up the fist at him in a threatening or insulting manner, or with other circumstances as denote at the time. The information provided on this Website does not constitute legal advice and does not create an attorney-client relationship. Penalties attached to a simple assault can include: Up to six months of jail time (not common for a first-time offense) Court fines of up to $1,000; Fines owed to the Victims of Crime Compensation Board and Safe Neighborhood Services Fund (usually totaling around $125) The terms ‘assault’ and ‘battery’, are classed as Summary Offences under the Criminal Justice Act 1988. The penalties work to ensure you never commit a simple assault again. We are here for you and will be happy to go over our services. A Michigan Misdemeanor Assault charge (also referred to as “Simple Assault”) is brought when someone allegedly does one of two different things, either: a) an unsuccessful attempt to commit a battery (i.e. Like simple assault, aggravated assault qualifies as a first-degree felony charge when it is committed against family members, dating partners, or household residents. When charged and convicted, the highest penalty is around 2 years of jail time. are here to help explain what you can expect and how a lawyer can help. A person is guilty of simple assault if he or she: (1) Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or (2) Negligently causes bodily injury to another with a deadly weapon; or Assault and Battery Defense in New York City. to the charge the defense of mutual fighting in an assault charge can lower the offense grade. Simple Assault This is the most basic type of assault charge in Canada, and, at this level, can be prosecuted in two ways. 2C:12-1(a) – Simple Assault Statute. Defenses for simple assault charges depend significantly on the unique facts and circumstances of your case. All Rights Reserved. the assault charge involves domestic violence and the state’s laws require a mandatory jail sentence for the charge due to prior convictions for domestic violence, or; the facts of the case are particularly serious and the defendant was a breath away from being charged with a more serious crime. D.C. Criminal Code § 22-404. It is important to note that this is not a valid defense to simple assault but can lessen the severity of punishment if convicted for the crime. Assault is punished in California by a fine of up to $1,000 and the potential of a jail sentence of up to 6 months. Last night my boyfriend, and I got into a huge argument were it ended up becoming physical. This is why you want the right lawyer by your side. Similarly, a battery charge is also a crime and both of these can carry prison sentences. Aggravated assault, a more serious charge than simple assault, and can be charged as a 2nd degree offense, a 3rd degree offense, or as a 4th degree offense. Possible Penalties for Simple Assault in Ohio State law classifies simple assault as a misdemeanor of the first degree. The legal world is often complicated and confusing. Simple Assault Vs Aggravated Assault. This occurs when the intended victim provokes you in a way that any reasonable person would react and react immediately without time for thought. If charged with felony assault and battery the crime carries a much stronger penalty. If you get charged with assault and battery, it can be a misdemeanor or a felony. Mutual fighting is where both parties agreed to fight each other in advance of the first blow. The only difference is, now you're facing first-time assault and battery charges. I was released that night after a couple of hours after signing a "promise to appear". Find yourself a good lawyer who specializes in the first time simple assault charge. Assault against a spouse or someone else is much higher – around $10,000. We've all been there. The penalties for the various levels of assault range from simple probation up to several years in jail and anyone facing this charge needs to be in touch with an experienced New York criminal defense lawyer as soon as possible.. 720-704-2887 14143 Denver W Pkwy #100 Golden, Colorado 80401 Get Directions. The right lawyer can help you through this difficult time and make things easier for you to understand. He pushed me to the ground and held me by my wrist against the wall. Navigating legal terms can be confusing. Many people are arrested and forced to defend against assault and battery charges because of a 5-second scuffle at the local bar. If you do not have good legal representation, you could end up in jail for up to ten years on the positive side of things, or twenty years to life in prison. Technically, assault means that you have intended to place someone else in a fearful situation. A battery charge refers to the completion of that act, meaning physical contact has occurred. This would mean a monetary fine and possible jail time up to 180 days. ASSAULT, crim. I am getting a court date for a assault charge. law. First-Time Assault and Battery Can Be Scary There is no denying how frightening it can be to be. Some of the most common defenses to simple assault charges in Colorado include the following: However, voluntary intoxication is not a valid defense to simple assault crimes. Simple assault penalties level you with up to one year in a county jail. You need to retain an experienced criminal defense attorney who will … If you get charged with assault and battery, it can be a misdemeanor or a felony. Even though simple assault charges do not carry lengthy jail time, they become part of your criminal record. An assault is not a crime against property – it’s a crime against a person. No one wishes to spend time in jail, and no one wishes to pay major fines. So you lost your temper. Unlike Municipal Court the court rules are much tougher in Superior You may not receive any jail at all. Sexual battery carries a felony charge and is typically attached to a $25,000 bail bond. This could be bad, so the choice you make now will affect the rest of your life. This is crucial because you will want someone who has experience in assault and battery. To learn more about simple assault charges and how our knowledgeable criminal defense attorneys can help you, call or contact the office of Miller Leonard, P.C. This is when you need the right lawyer. Generally, if you are convicted of simple assault touching with the intent of injuring or provoking, it will be charged as a class 3 misdemeanor, while if you are charged with an assault involving a threat of injury, you may be charged with a class 2 misdemeanor. Under state law, any extraordinary risk offense carries the additional possible penalty of an extra six months in jail, depending on the circumstances of the case. This can be a serious crime and should not be taken lightly. One mitigating factor to simple assault is that you acted in the heat of passion. This is where things get more serious. Dangerous substances refer to bodily fluid or toxic material such as blood, semen, feces, urine, saliva, mucus, vomit, or any toxic, caustic, or hazardous material. It is natural to have some fears after assault and battery charges. N.J.S.A. Having the right legal by your side can mean the difference between freedom and a life behind bars. Hello, I was charged with assault CC 266, first time, no priors, for biting my wife's finger (no broken skin - she had her fingers jammed in my mouth trying to shut me up - our argument obviously got out of hand, I was the one who called 911). First time Assault charge. Other penalties for simple assault include between six months to two years in jail and a fine between $500 and $5,000. by Jake Steven. You need a lawyer who will fight hard to protect your rights. are here to help explain what you can expect and how a lawyer can help. Sentences for domestic assault are dealt with under Section 265 and 266 of the Canadian Criminal Code. In order to get a first-time assault conviction, the prosecution must prove assault involving one of these three scenarios beyond a reasonable doubt. Most people have never been charged with any crimes, so they do not know what their rights are. An assault charge in Utah can range in severity from a misdemeanor to a felony depending on factors like how seriously the victim was injured, whether the defendant used a gun or other dangerous weapon, and whether the victim was pregnant at the time of the alleged attack. Simple Assault: A Serious Crime With Serious Consequences. Third degree assault, otherwise known as simple assault, is defined in Colorado as causing another person bodily injury knowingly, recklessly, or through criminal recklessness by means of a deadly weapon. Given the large differences in how the penalities are set up in Texas, you need a lawyer who has experience in criminal justice. Knowing what happens after you get charged with first-time assault and battery can ease your mind. Sentences for assault are highly variable, even within specific offence titles. An act of common assault could be punishable by a nominal fine, or up to a maximum sentence of 6 months in custody. Being charged with a crime is one of the most stressful and consequential issues that a person will ever face. Although it is referred to as simple assault, in many cases assault charges are quite complex. Similarly, the states divide assault into misdemeanors and felonies. Depending on your case, a defense attorney may be able to convince the judge to allow a lighter sentence. Compared to simple assault, aggravated assault in NJ puts you in Superior Court. Sentencing agreements with no jail time Simple assault and recklessly placing another in danger are misdemeanors, punishable by up to one year in jail, a fine of up to $2,000, or both. Penalties for Simple Assault Charges in New Jersey. Examples of this would be probation or community service. Penalties vary and can depend on how the laws are read in the state the crime is committed. This is a worst-case scenario for the light side of things. Aggravated assault is a first-degree felony when: A simple assault has a maximum penalty of 6 months in a jail and/or a $1000 fine. When a person commits an act of violence against another, causing injury, it is usually considered as a simple assault. Fear can make you cautious and help you take your time in choosing solid legal representation. Unfortunately, assault gives one range which applies to all offenses – first-time or otherwise. When it comes to first-time assault and battery, it is important to know what your rights are. If you are found guilty of simple assault, you will next have a sentencing hearing where the judge will decide what penalties you will face. This may seem strange, but often we are more afraid of the unknown than we are what happens to us. Any type of assault in New Jersey is considered serious, and even a simple assault charge carries a penalty of up to six months in jail and a maximum fine of $1,000 for those convicted. When you get charged, whether it is a misdemeanor or felony, you want the right lawyer on your side. Sometimes in today's society, they are treated equally. We offer honest advice from an experienced lawyer who is used to fighting for cases just like yours. The Law Firm of Andrea M. Kolski8505 Technology Forest Place, Suite 104The Woodlands, TX — 77381832-381-3430, Monday — Friday: 8:30 am — 6:00 pmSaturday — Sunday: Closed. Both charges can lead to incarceration of the accused if he or she is found guilty; therefore, it is advisable to seek legal advice from an experienced criminal solicitor upon arrest.