is aggravated assault a felony

Is Aggravated Assault a Felony? Breaking Down the Charges

Aggravated assault is generally considered a felony offense, carrying severe penalties like lengthy prison sentences. The specifics depend on factors like state laws, the circumstances, and whether a weapon was used. Let’s break it down.

What is Aggravated Assault?

Simply put, aggravated assault is an assault that involves circumstances that make it more severe than a typical assault charge. This includes using a weapon, causing serious bodily injury, or assaulting certain protected groups like law enforcement officers or the elderly.
The exact definition varies by state. But in general, aggravated assault is:

• An attempt to cause serious bodily injury to another person, or
• Causing such injury intentionally, knowingly or recklessly, or
• Causing bodily injury with a deadly weapon

So if you assault someone using a weapon like a knife or bat, or if the victim suffers severe injuries, it becomes aggravated assault rather than basic assault.

What Factors Make an Assault Aggravated?

There are a few circumstances that can turn an assault into an aggravated assault. These include:

• Using a deadly weapon – If a weapon like a gun, knife or bat is used in an assault, it often becomes aggravated assault. Some states have a separate charge for “assault with a deadly weapon.”
• Causing serious bodily injury – If the victim suffers severe injuries like broken bones, concussions, or other trauma, the charges are elevated.
• Special victims – Assaulting protected groups like police officers, the elderly, or children often leads to extra penalties.
• Intent – In some states, intentionally or knowingly causing harm can increase the severity vs just reckless assault.

So while a basic assault may involve just threats or minor harm, aggravated assault causes or aims to cause more severe injuries.

Is Aggravated Assault a Felony?

In most states, yes – aggravated assault is charged as a felony rather than a misdemeanor.
Exact penalties vary by state, but aggravated assault convictions often carry:

• Over 1 year in prison
• Fines up to $10,000+
• Felony record
• Probation

And using a deadly weapon often leads to even harsher sentences of 5+ years behind bars.
So while simple assault may just be a misdemeanor, aggravated assault crosses the line into felony territory. Defendants face much more severe outcomes.

When is it a Misdemeanor?

In a few states like New Jersey, low-level aggravated assault without serious harm or weapons may still be misdemeanors. But in most jurisdictions aggravated assault does mean a felony charge.

Defending Against Aggravated Assault Charges

Facing felony aggravated charges is scary. But the good news? There are often strong defenses to fight the allegations if you’ve been wrongly accused.
Common defenses in aggravated assault cases include:

• Self Defense – Using reasonable force to protect yourself or others can justify assault. The key is proving the danger was imminent and your force reasonable.
• False Accusations – When relationships turn sour, false allegations happen. Demonstrating motives to lie and lack of evidence can defeat charges.
• Mistaken Identity – Eyewitness misidentification is common. If you can show you weren’t present or it was someone else, you may beat the case.
• Lack of Intent – Proving you didn’t intend harm but were reckless can reduce charges from aggravated assault to simple assault in some cases.

An experienced criminal defense attorney can evaluate the facts and build an aggressive defense to avoid a conviction. Don’t go it alone against serious allegations.

When do Charges Get Reduced?

Prosecutors often start with the highest possible charges, then reduce or dismiss them as more evidence comes to light.
So an initial aggravated assault accusation may change to simple assault or get dropped completely. An attorney can negotiate this, or take the case to trial if needed.

The Bottom Line

Aggravated assault is a serious felony charge that can completely derail someone’s future. But there are ways to challenge the accusations and avoid a conviction in many cases.