Misdemeanor assault is normally when a person instills the fear of harm into someone. It is charged as a misdemeanor offense in most cases. This will vary dependant on the state the person facing charges is located. Some states charge it as simple assault and have that as there least harsh crime.
Other states have first degree assault, second degree assault and third degree assault where the first degree assault is normally the most serious conviction. First Degree Assault is a Class 3 felony and a mandatory 10 years in Prison. Second Degree Assault is a Class four felony and up to 5 years in Prison. Third Degree Assault is a Class one Misdemeanor with up to two years in Prison or jail.
When is assault considered a felony?
Battery or on more serious felony cases aggravated battery is charged when a person is wounded from the unpleasant incident or there body is hurt. Typically a person convicted of a felony assault will face at least one year in the State Prison if not up to several years as well as extended probation and very high fines.
Repeat assault offenses
It may be hard for an attorney to have the charges lessened if the person is a repeat offender unless they can establish factors such as prior threats from the other person or self-defense. If it is considered a Heat of Passion assault which means that you were provoked by the other person then the charges are normally lessened because it was provoked by the other person and the judge will take this factor into consideration.
If you are faced with the unfortunate situation of a charge for a misdemeanor assault or felony assault it is imperative to contact a local attorney who is knowledgeable in defending this type of case. Your freedom is at stake and any charges will cause serious consequences that not only involve jail or prison time, fines and probation but a mark on your record against your character and that is definitely worth defending!