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Is Assault a Misdemeanor or Felony?

Is Assault a Misdemeanor or Felony?

While it may just seem like an administrative classification, there are actually numerous differences between being charged with a misdemeanor or a felony. If you’re being charged with assault, it’s important to understand what can make the crime a simple misdemeanor, or a severe felony offense.

Assault Charges

Assault occurs when an individual threatens to harm another individual. There does not need to be a physical altercation for an assault to occur.

Depending on the circumstances of the assault, it may be considered a misdemeanor or felony offense.

Simple Assault

If you are charged for threatening someone, you will be charged with simple assault, a misdemeanor offense.
This may result in:

  • Up to 60 days in jail
  • Up to $500 in fines

Aggravated Assault

If certain aggravating factors are present at the time of the assault, you will be charged with aggravated assault. This is a felony offense.

Aggravating factors include:

  • The amount of harm done
  • If the offender has a past record
  • If there was a child present at the time of the assault
  • If the victim was a protected person (elderly, a child)
  • A lack of remorse

If these aggravating factors are present, penalties you face include:

  • Up to five years in prison
  • Up to $5,000 in fines

Effects of a Felony Conviction

If you are convicted of felony assault, there are effects outside of just the criminal penalties. You can lose your right to own a firearm, vote, and work in certain fields.

Daytona Beach Assault Attorney

Whether you are facing misdemeanor or felony assault charges, you need a strong defense team on your side. That’s where Hager & Schwartz, P.A. come in. We have the experience needed to defend your case. Call us today at (386) 693-1637 to learn more about what we can do for you.