Author Archives: Canterbury Law Group

The penalties and sentences for an assault and/or battery conviction can vary widely depending on the law of the state where the offense was committed. Read on to learn more.

Normally, an assault involves threats of bodily harm. It doesn’t require actual contact, but the person threatened must  believe it is a credible threat.

The crime of battery usually involves intentional and unwanted physical contact, even if the intent wasn’t to actually cause harm.

Most states treat assault and battery as two separate crimes, not all states do. For instance, Texas makes no distinction between the two.

Penalties for an Assault Charge

The seriousness of the threat and associated circumstances will make the assault charge a felony or a misdemeanor. For example, federal law divides assault into a felony punishable by 10 years imprisonment and a misdemeanor punishable by one year imprisonment. Along the same lines, the states divide assault into misdemeanors and felonies. A misdemeanor carries a potential jail term of less than one year. Felonies are subject to imprisonment for more than twelve months.

Penalties for a Battery Charge

Just like assault, battery can be considered a misdemeanor or a felony. The distinction between the two classifications depends on the seriousness of the injury, whether a weapon was used, and the person who was injured. State and federal laws provide for more serious punishments when the victim is a peace officer, fireman, or a member of the legislature, executive or judicial branch of government.

Aggravated Assault/Battery

The potential penalties rise dramatically for aggravated assault because it constitutes a felony in all states. The crime of assault and/or battery becomes an aggravated assault / battery based on whether:

• A deadly weapon was used;
• The status of the victim is a protected class;
• The perpetrator’s intent; or
• The seriousness of the injury.

The type of weapon used makes a difference in the assault and battery penalties that will be assessed. While states like Michigan do not single out particular weapons for different treatment, states like California do as California has specified different punishments for different types of weapons. Similarly, laws may carry harsher penalties for assaults or batteries committed against family members or others living with the offender, or such crimes may be prosecuted under domestic abuse or violence laws.

Aggravated Assault in Arizona

The Aggravated Assault statute in Arizona is long and complex. The punishments can vary from 1.5 years to 25 years in prison, or more in some cases where the circumstances call for it.

Source: https://criminal.findlaw.com/criminal-charges/assault-and-battery-penalties-and-sentencing.html

Assault is a violent crime defined differently by individual states. Read on to learn more.

Physical Assault & Attempted Insult

Some states say assault is the intentional use of force or violence against another. Under this approach, an “attempted assault” is an act that intends to physically harm the victim, but fails or falls short. In other states, assault does not involve actual physical contact, and is defined as an attempt to commit a physical attack, or as threatening actions. In these states, when the attempt succeeds, the resulting crime is a battery. Under this approach, there is no such crime as an “attempted assault.” Verbal threats are usually not enough to constitute an assault. Some action such as raising a fist or moving menacingly toward a victim usually is required.

The Victim’s Fear

Some states define assault as placing a victim in fear of violence. The standard test is if the defendant’s actions would cause a reasonable person to be in fear of an immediate physical attack. 

Simple and Aggravated Assault

Simple assault involves minor injury or a limited threat of violence. Aggravated assault means the crime is more serious, as when the victim is threatened with or experiences more than minimal physical violence’

Deadly Weapon

An aggravated assault means the offender has used a deadly weapon in the commission of the crime. (In some states, assault with a deadly weapon is a separate, distinct crime and not included in the crime of aggravated assault.)

An object is a deadly weapon if it likely can cause death or great bodily harm. A gun and a large knife are, by definition, deadly weapons. Other objects, such as rocks, bricks, can be considered a deadly weapon, as well.

Proving the Case and Possible Defenses

For a defendant to be convicted of aggravated assault, the prosecutor must prove every element of the crime.

• The prosecutor must prove that the defendant intentionally threatened an attack and caused the victim fear 
• Alternatively, the defendant attempted or accomplished a physical attack. The prosecutor also must prove the facts that make the assault aggravated.
• Alternatively, the victim was a member of a protected class, such as a police officer, school employee or an elderly or other vulnerable person.

Defenses

Defendants can claim they have the wrong person as well as claiming self defense or defense of others and present evidence that the alleged victim initiated the confrontation and that the defendant was defending himself. That defense may take the form of showing that a weapon actually was in the victim’s possession. It can be argued the defendant’s actions were purely accidental and that he had no criminal intent.

Penalties for Aggravated Assault

Aggravated assault is usually a felony punishable by approximately one to twenty years in prison. 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.

Sentence Enhancement

In some states, assault against a special victim like a police officer or elderly person carries more severe penalties or is subject to 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 of certain kinds.

Source

https://www.criminaldefenselawyer.com/crime-penalties/federal/Aggravated-Assault.htm

Aggravated assault is the attempt to cause what is termed serious bodily harm to another person with disregard for human life. The factors that can play into this include the status of the victim, the use of a weapon, the intent of the crime and the extent of injuries caused. Read on to learn more.

States classify certain assaults as aggravated as per their own state criminal codes. Other terms they may use, for example, may be “assault with  deadly weapon.” These are often considered felonies, while simple assaults are often considered to be misdemeanors. There are also multiple degrees of criminal charges for assault in many states.

Deadly Weapons

The use of a deadly weapon constitutes an aggravated assault regardless of whether the weapon harmed anyone. Physical harm is not always an ingredient of basic assault, but rather the perpetrator behaved in a way (for example threatening them) to make the victim fear for their safety. However, that threat can often make the assault be elevated to an aggravated assault charge because the fear factor is more harmful than a physical injury. Weapons may include guns as well as the way the yare used. A pocket knife may only be considered a lethal weapon if it used in way that can threaten the life of an individual.

Victim Identity

Depending on the status of the victim, some assaults may become aggravated, for example, those visited upon essential services personnel. This is especially so when the victim was performing their duty and the perpetrator was aware of the victims role.

Degree Of Injury

Serious injuries can cause an assault charges to be raised to that of an aggravated charge – usually injuries that will disfigure or maim the victim – though some states list certain injuries. Even if the injuries end up as minor, some states will say certain injuries fall under the aggravated assault statues. Sexual assaults are usually classed as their own form of assault but charges may include battery/assault, aggravated rape or assault an sexual assault.

Source: https://criminal.findlaw.com/criminal-charges/aggravated-assault.html

Being proactive is the key to reducing your prisoner sentence. Read on to learn more.

There are two phases of the criminal justice system, the trial and the sentencing. When someone is correctly convicted of charges against them, it is during the sentence process you can advocate for a less severe penalty. Known in most states as a “motion for modification of sentence” your attorney will file this document and the judge will set a hearing for you to make your case. The judge may require the prosecutor to sign of on a reduced sentence. it is paramount the motion is filed before your sentence is finalized.

Reduced Sentence?

Here are some thing that may assist in your case for a reduced sentence (note this is not an option in all states):

• Showing cooperation as a witness for the prosecutors by testifying against others
• Compassionate release if the convicted person is of great age or very poor health

What If The Law Or Facts Of My Case Change?

Many states are changing charge and sentencing procedures for small amounts of certain narcotics. If your new sentence is very different from your previous ones, you may petition to have it altered to reflect new guidelines. There is also the chance new evidence will exonerate or alter the way you were initially charged.

Was My Sentence Illegal?

This is not often the case. Sometimes the conviction may be valid and the sentence can be invalid – perhaps it is in excess of the criminal code. Another example would be if the procedures for plea bargaining have not been correctly observed or (and this is very rare) the court does not have jurisdiction.

Changing The Sentence

More often than not it is up to the discretion of the judge. That said, if you can demonstrate good behavior while you are incarcerated will help your situation as it will show you are not a threat to the community. Work with an attorney to get he best possible outcome for your case.

Source: https://www.legalmatch.com/law-library/article/how-to-reduce-your-criminal-sentence.html