ASSAULT

Assault

Misdemeanor and Felony Defense


A confrontation can often end with a violent act. Frustrations can boil over and someone can do physical harm to someone else when emotions get the best of them. If you’ve lost your cool and injured someone else, or if you got into a fight and caused someone to be injured while defending yourself, you may be charged with assault. There are both misdemeanor and felony assault charges, which will depend on the severity of the injury and the status of the victim. 

The Law Office of Michael D. Litman, PLLC can defend clients who have been charged with assault. We will help you understand the charges against you and the possible sentences. Most importantly, we’ll fight to get you out of trouble. 

Assault Charge Specifics

Assault: The severity of an assault charge depends on the level of injury, if a weapon was used, what type of weapon was used, and who the victim is. The general provisions of the most commonly charged assault crimes are:

120.00 – Assault in the third degree (A misdemeanor) – Assault 3rd is committed when a person intends to cause a physical injury to another person and causes that injury; or recklessly causes physical injury; or negligently causes injury to another person by using a deadly weapon or a dangerous instrument.

120.05 – Assault in the second degree (D violent felony) – Assault 2nd is committed when a person intends to cause a serious physical injury to another person and causes that injury to that person or a third party; or causes injury to another person by using a deadly weapon or a dangerous instrument; or intends to prevent a police officer, prosecutor, fire fighter, EMT (or multiple other officials) from performing a lawful duty and causes physical injury (notice it does not say serious physical injury) to that official; or intends to cause physical injury to a train operator, bus operator, train conductor (or multiple other municipal employees).

120.10 – Assault in the first degree (B violent felony) – Assault 1st is committed when a person intends to cause a serious physical injury to another person by means of a deadly weapon or a dangerous instrument, he causes that injury to that person or a third party; or with intent to disfigure or destroy an organ or member of the body, he causes such an injury; or with depraved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes serious physical injury to another person; or in the course of and in furtherance of the commission or attempted commission of a felony or of immediate flight therefrom, he, or another participant if there be any, causes serious physical injury to a person other than one of the participants.
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