What is the difference between misdemeanor and felony assault

Our client was charged with assault during a robbery and accused of brutally kicking the victim in the face while they were on the ground.

The Blanch Law Firm was able to get all of these charges dismissed. New York Assault Law The distinction between felony assault and misdemeanor assault under New York Assault Law usually involves the severity of the injuries the alleged victim suffers, as well as the circumstances under which the alleged assault occurs.

Felony Assault: A felony assault charge will usually involve some measure of violence. Simply threatening someone with violence will not garner such a severe charge. A criminal assault will be classified as a felony if it involves the infliction of serious bodily injury, possibly involving the use of a dangerous weapon.

Felony traffic violations include leaving the scene of an accident and vehicular homicide. These violations can come with anywhere from one year to life in prison. Another potential felony traffic infraction is repeated DUIs. In this case, many states upgrade repeated charges of DUI from misdemeanor to felony status. While the criminal act being committed is the same, multiple violations can result in a felony charge that carries harsher punishments.

The primary difference between misdemeanors and felonies is the amount of jail or prison time that a convicted offender can be sentenced to serve. Many felonies are also broken down into classifications, or levels of seriousness, according to what punishments may be imposed. These felonies can be classified from Class E or F felonies , such as the lowest levels of theft, up to Class A felonies, which carry a life's sentence in prison or the death penalty.

Class A felonies are generally murder or first degree intentional homicide. The classification of misdemeanors and felonies is based legally on the severity of punishment; the most severe of punishments are reserved for the most serious offense.

Traffic violations, trespassing, petty theft, and similar offenses are misdemeanors and depending on the state, carry maximum jail times of between 6 months and one year. Felonies such as murder, rape, arson and kidnapping are substantially more serious and all carry jail times of at least one year and in most cases, substantially greater terms of incarceration. At the most severe level of felony classification, Class A, the maximum penalty can be life in prison without parole or the death penalty.

As you can see, the legal system varies from state to state and situation to situation. Some crimes come with public service, others come with multiple decades in federal prison. For more on that, enjoy these Tips on Writing a Bestseller. Normally, the judge has some discretion on the length of the sentence and whether to allow the defendant to serve any portion of the sentence on probation rather than in prison.

In determining a sentence, judges usually consider the defenses presented at trial, whether the defendant has taken responsibility for the crime and shows remorse, circumstances surrounding the crime mitigating or aggravating , the extent of any injuries incurred, the type of weapon used, the accused's prior criminal record and, in some situations, the victim's background or relationship to the defendant.

In some states, assault or battery against a special victim like a police officer or elderly person carries more severe penalties or is subject to a sentence enhancement, which permits the court to add extra time to the sentence for the underlying crime. In many states, there also are more severe penalties or sentencing enhancement provisions if the deadly weapon used in an assault or battery is a firearm. Finally, in some states, the penalties are even more severe for certain types of firearms such as automatic weapons, machine guns, or guns that shoot metal-resistant bullets.

Felony assault and battery are very serious charges; a conviction for one of these crimes can seriously impact your life. You could face a lengthy prison sentence and the stigma of being a convicted felon. Convicted felons cannot vote or possess firearms and often have difficulty finding employment. A competent criminal defense attorney can help you fight a felony assault or battery charge, protect your rights, and achieve the best possible outcome.

An attorney will thoroughly investigate your case, aid you in asserting any possible defenses, and guide you through the criminal court process. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.

The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Examples of Class 3 misdemeanor offenses include disorderly conduct and possession of less than half an ounce of marijuana.

Class A1: This is the most serious type of misdemeanor, for which the penalty is up to days in jail and a discretionary fine. Class A1 misdemeanors include sexual battery and assault with a deadly weapon. Raleigh Criminal Defense Lawyers If you are facing criminal charges, now is the time to discuss your case with a skilled and experienced criminal defense attorney.

If the police have spoken to you, then you need to speak to us.