Felony Assault 


Classifications for misdemeanors and felonies vary state by state. The difference between a felony assault and a misdemeanor assault usually involves the severity of the injuries inflicted on the victim, as well as the circumstances under which the alleged assault occurs.

Both felony and misdemeanor assaults can lead to serious consequences. If you do not have a highly skilled assault lawyer working with you, you may be at the mercy of the court system. If you want to get the best possible chance at staying out of prison contact The Law Men today for your initial consultation.

• An assault in California is an intentional attempt to physically injure another person or a threatening act or statement that causes the other person to believe they are about to be attacked. This crime doesn’t involve actual physical contact.
• Battery is the intentional and unlawful use of force or violence against another person —physical contact is involved here.

Someone who commits a simple assault or battery in California generally is guilty of a misdemeanor, although certain assault and battery crimes can be charged as a misdemeanor or a felony, at the prosecutor’s discretion. When a simple assault or battery is charged as a felony, the court can reduce the crime to a misdemeanor during the case proceedings.

• A felony is battery with deadly weapon or with force likely to cause great bodily injury. These are more serious crimes.
• A felony assault charge usually involves some type of violence, possibly involving the use of a dangerous weapon. In these cases, the felony assault charge could be combined with other charges such as battery, weapon possession and more. The penalty for a felony assault is at least one year in prison, serious fines, probation. Assault in the first degree involves intent to cause serious physical harm and could result in a maximum 25 years in prison, and up to (and including) the death penalty in some states.
• In general a felony is a much more serious charge (and subsequent conviction) than a misdemeanor. Felonies typically carry punishments of at least one year in prison.
• A misdemeanor assault can have serious consequences. If you have prior convictions, a misdemeanor assault charge can lead to serious jail time and financial penalties. Without a previous criminal history you could face 90 days to a year in prison.

Facing Criminal Charges

Most states that use classes designate Class A misdemeanors as the most serious with Class B, C, D or E as less serious offenses with lower maximum punishments. States such as California, make no distinction between misdemeanor classes. A misdemeanor conviction can be seen on the public record and the severity of the offense can affect the period of time it stays on the record. Other misdemeanor sentences may involve probation, suspension of the driver’s license, community service, and restitution to the victim.

If you have been charged with felony assault or a misdemeanor assault, you need a highly skilled, highly qualified assault lawyer who can provide an excellent legal defense. Both felony and misdemeanor assault charges have serious consequences, including heavy jail time, serious fines, and more. Contact The Law Men for your legal defense team.