What is the difference between simple assault and aggravated assault?
Simple assault (or battery) is typically a misdemeanor involving threatened or minor physical harm, punishable by up to a year in county jail. Aggravated assault is a felony involving serious bodily injury, a deadly weapon, or a protected victim, and can carry several years to decades in state prison.
Is assault a misdemeanor or a felony in the US?
It depends on the facts and the state. Simple assault or battery is usually a misdemeanor. It becomes a felony (aggravated assault or assault with a deadly weapon) when a weapon is used, serious injury results, or the victim is a protected person such as a police officer, child, or elderly person.
How much prison time can you get for aggravated assault?
Aggravated assault sentences generally range from about 2 to 10 years in state prison, but assault with a deadly weapon or a firearm enhancement can push exposure to 20 years or more. The exact range is set by each state's criminal code and sentencing guidelines.
What is a sentence enhancement for assault?
Enhancements are additional penalties triggered by specific facts: using a firearm, causing great bodily injury, targeting a protected victim, gang involvement, or a hate-crime motive. Many states also have 'three-strikes' laws that dramatically increase sentences for defendants with prior violent felonies.
Can I get probation for a felony assault?
Sometimes. For a first felony assault without a weapon or serious injury, some states allow probation instead of prison, often with conditions like anger management, restitution, and no-contact orders. Aggravated assaults with weapons or serious injury frequently carry mandatory prison time.