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The Difference Between Simple Assault and Felony Assault
Jun, 09 2014
What is the difference between felony assault and simple assault? Felony assault is any type of assault with a weapon that results in severe physical injury. A simple assault can be enhanced as a felony assault if the harm is against a public official, a vulnerable person, or any physical harm intended with a specific intent.
– Vulnerable victims are considered to be children, adults over sixty years old, and people with severe impairments or disabilities. This type of assault can result in a prison term of five to twenty years in jail and serious fines.
– Particular purpose or intention is defined as collecting a loan, committing robbery or sexual assault, or intent to murder.
– Serious bodily injury is defined as an injury that creates an increased risk to one’s mortality.
– Assault by a firearm lookalike can be attempted by any device that is manufactured to look like a gun. This offense can result in punishment of up to twenty years in jail.
– Assault by a dangerous weapon is anything that can cause serious bodily harm or can result in death. This can result in up to twenty years of prison time.
Simple assault is any type of threat of force or unwanted touching to someone’s physical being. This can apply to domestic assault, depending on the situation and if the case qualifies as a misdemeanor. Domestic violence convictions result in the defendant completing a batterer’s intervention program and a mandatory fine of $125. Any person being convicted of domestic violence for the third time will be charged with a felony assault charge.
Depending on the situation, any of these charges can be dismissed or reduced if represented by proper defense counsel. Without an experienced criminal defense lawyer on your side, it is very likely that the charges will be prosecuted to the fullest extent.