Assault charges how long

This violence could include punching or striking a person with an object. In such states, attempted assault is defined as the act intended to cause the victim physical harm. Assault in other states does not need actual physical contact. Such states define assault as threatening actions that lead a person to fear impending violence. Though the person has to believe the threat to be a credible one, verbal threats are not enough to warrant an assault charge.

On top of the varying definitions, there are also different types of assault charges. Simple assault is the least severe form of assault. It typically involves minor injuries or limited threats of violence. Jump to Topic hide. I Simple Assault. II Assault with a Deadly Weapon.

I Simple Battery. Armstrong Attorney Kerry Armstrong opened up his law firm in June However, subsequent violations within a span of 10 years could push the charge to a gross misdemeanor or a felony, which carry harsher penalties. Some crimes can be removed from your record. Domestic assault, in particular, may be expunged from your record if certain qualifications are met. The factors that determine whether a domestic assault conviction can be expunged include:. Most convictions remain on your record forever.

However, the expungement process may give you the second chance you deserve. By petitioning to have your records sealed, you may be able to keep previous convictions hidden from public view. This can allow you to pursue job or housing opportunities you would have previously been denied. Many times the burden of proof is on the petitioner to establish that the benefit to them having the record sealed is equal or greater to the disadvantage to the state having to seal the record and not have it available for public safety reasons.

If you have been charged with or convicted of domestic assault, it may feel like your life is over. However, with the right legal team on your side, you may be able to get a domestic assault charge dismissed or a conviction expunged.

Aggravated Assault A claim of aggravated assault is a more serious allegation. A conviction's best possible result would be up to five years of probation. A charge of aggravated assault initially follows the same criteria as simple assault but the person committing the assault would do so using a weapon that would likely cause great bodily harm or death to its victim.

The second divergent aspect would be if the assault occurred during the commission of a felony. If the deadly weapon was a firearm, a conviction of the offense would subject the offender to a mandatory minimum sentence of three years in prison and would escalate to a mandatory minimum sentence of fifteen to twenty years of incarceration if the firearm was discharged; the minimum term of incarceration would be predicated by the type of gun that was used. This mandatory minimum sentence of three years in prison would also stand if the crime targeted any of the above mentioned emergency service workers by comparison, equally elevating simple assault to a first degree misdemeanor.

Examples of Aggravated Assault Many allegations of aggravated assault are initiated by friends or family members. Perhaps during the course of a heated argument, two friends lose their cool and one of them throws a heavy glass ashtray or other weighty object at the other while shouting "I'm going to kill you". Although the object misses its target and causes no damage to the person it was thrown at, an ambitious prosecutor looking to further their career may press forward with the case attempting to prove guilt of an assault by the aggressor.