Assault/Family Violence
A person commits assault if the person intentionally,
knowingly, or recklessly causes or threatens bodily
injury to another. There are two classifications for
assault crimes: assault and aggravated assault.
Assault is a misdemeanor offense unless the victim is a
public servant or a family member and the person charged
has previously been convicted of assault. In these types
of cases, the offense is classified as a felony.
Aggravated assault occurs when a person intentionally or
knowingly inflicts bodily injury upon another person and
causes serious bodily injury to another or uses or
exhibits a deadly weapon during the commission of the
assault. Aggravated assault is a felony offense.
Family Violence - Domestic Violence
Family violence, also referred to as domestic violence,
is physical, mental, or emotional that occurs within a
family setting. Domestic abuse may occur between
spouses, co-habitants, parents, children, and siblings.
Family violence assault is usually classified as a
misdemeanor. However, charges may be enhanced if the
victim is a minor, if the victim sustained serious
bodily injury, if the accused has a prior criminal
record, or if the accused has prior family violence
convictions.
A conviction for a family violence assault will cost the
person convicted of their firearm rights under the
second amendment. Call attorney Doug Atkinson today if
you are charged with family violence assault.
Assault and Criminal Sentencing
Any person who is convicted of assault, aggravated
assault, or family violence may be sentenced with jail
or prison time, fines, probation, and community service.
Additionally, the person may have to adhere to the terms
of a court issued restraining order or order of
protection.
