Is My Assault Charge a Misdemeanor or Felony in My State?

Assault can refer to a number of different criminal charges, including simple assault, aggravated assault, and sexual assault. The specific facts of a case will determine the severity of the assault charge.

Serious assault offenses can be felonies, which can carry multi-year prison sentences. Less serious assaults are often charged as misdemeanors, with less than a year of jail time and the possibility of probation to avoid jail time altogether.

The criminal charges for an assault case vary by state. If you’re facing assault charges, talk to a local criminal defense lawyer for legal advice as soon as possible.

Types of Assault Charges

Assault is when someone threatens another person with immediate physical contact that is harmful or offensive. The perpetrator doesn’t necessarily have to make physical contact — putting someone in fear of harmful contact suffices.

In some states, assault and battery are different types of criminal offenses, though they’re often grouped together. Whereas assault is threatened or attempted physical harm of another person, battery requires actual physical contact, with or without injury.

People often talk about assault and battery interchangeably, but it’s important to understand the difference in your state.

Assault Charges by State

State laws have different elements and names for assault charges. They may use degrees (first degree, second degree, etc.), or classes (Class A felony, Class B felony, etc.) to categorize types of assault charges.

State	Misdemeanor Assault	Felony Assault
Alabama	3rd-Degree	2nd-Degree (Class C), 1st-Degree (Class B)
Alaska	4th-Degree	3rd-Degree (Class C), 2nd-Degree (Class B), 1st-Degree (Class A)
Arizona	Assault Class (1 to Class 3)	Aggravated assault (Class 2 to Class 6)
Arkansas	3rd-Degree (Class C), 2nd-Degree (Class B), 1st-Degree (Class A)	Aggravated assault (Class D)
California	Simple assault	Aggravated assault (wobbler)
Colorado	3rd-Degree (Class 1)	2nd-Degree (Class 4), 1st-Degree (Class 3)
Connecticut	3rd-Degree (Class A)	2nd-Degree (Class D), 1st-Degree (Class B)
Delaware	3rd-Degree (Class A)	2nd-Degree (Class D), 1st-Degree (Class B)
Florida	Simple assault (1st or 2nd-Degree)	Aggravated assault (3rd-Degree)
Georgia	Simple assault	Aggravated assault
Hawaii	3rd-Degree	2nd-Degree (Class C), 1st-Degree (Class B)
Idaho	Simple assault	Aggravated assault
Illinois	Simple assault (Class C), Aggravated assault (Class A)	Aggravated assault (Class 4)
Indiana	“Intimidation” (Class A)	Aggravated intimidation (Level 5 to Level 6)
Iowa	Simple, serious, or aggravated misdemeanor	Aggravated assault (Class C or Class D)
Kansas	Simple assault (Class C to Class A)	Aggravated assault (Level 6 or Level 7)
Kentucky	4th-Degree (Class A)	3rd-Degree (Class D), 2nd-Degree (Class C), 1st-Degree (Class B)
Louisiana	Simple assault, aggravated assault	Aggravated assault drive-by-shooting, with a firearm, or against a police officer
Maine	Simple assault (Class C or Class D)	Aggravated assault (Class B or Class C)
Maryland	2nd-Degree	1st-Degree
Massachusetts	Simple assault	Aggravated assault
Michigan	Simple assault, aggravated assault, domestic assault	Felonious assault
Minnesota	5th-Degree	4th-Degree to 1st-Degree, assault motivated by bias
Mississippi	Simple assault	Aggravated assault, simple assault on persons in official duty
Missouri	4th-Degree (Class A or Class C)	3rd-Degree (Class E), 2nd-Degree (Class D), 1st-Degree (Class B)
Montana	Simple assault	Aggravated assault
Nebraska	3rd-Degree (Class I)	1st-Degree (Class II), 2nd-Degree (Class IIA), assault by strangulation (Class IIA)
Nevada	Simple assault	Aggravated assault
New Hampshire	Simple assault (Class A)	2nd-Degree (Class B), 1st-Degree (Class A)
New Jersey	Simple assault	Aggravated assault (1st-Degree to 4th-Degree)
New Mexico	Simple assault	Aggravated assault
New York	3rd-Degree (Class A)	2nd-Degree (Class D), 1st-Degree (Class B)
North Carolina	Simple assault (Class 2), serious injury, deadly weapon, protected class (Class 1A)	Aggravated assault (Class C, Class E, or Class F)
North Dakota	Simple assault (Class B)	Aggravated assault (Class C)
Ohio	Simple assault (1st-Degree)	Aggravated assault (5th-Degree to 3rd-Degree), felonious assault (2nd-Degree or 1st-Degree)
Oklahoma	Simple assault	Aggravated assault
Oregon	4th-Degree (Class A)	1st-Degree (Class A), 2nd-Degree (Class B), 3rd-Degree (Class B or C),
Pennsylvania	Simple assault (1st-Degree to 3rd-Degree)	Aggravated assault (1st-Degree or 2nd-Degree)
Rhode Island	Simple assault	Felony assault
South Carolina	2nd Degree and 3rd-Degree	1st-Degree
South Dakota	Simple assault (Class 1)	Aggravated assault (Class 3), repeated assault (Class 6 to Class 4)
Tennessee	Simple assault (Class A)	Aggravated assault (Class C or Class D)
Texas	Simple assault (Class A to Class C)	Aggravated assault (1st-Degree to 3rd-Degree)
Utah	Simple assault (Class A to Class B)	Aggravated assault (1st-Degree to 3rd-Degree)
Vermont	Simple assault	Aggravated assault
Virginia	Simple assault (Class 1)	Aggravated assault (Class 6)
Washington	4th-Degree (gross misdemeanor)	3rd-Degree (Class C), 2nd-Degree (Class B), 1st-Degree (Class A)
Washington, D.C.	Simple assault	Aggravated assault
West Virginia	Simple assault	Aggravated assault, malicious assault
Wisconsin	“Disorderly conduct” (Class B) or simple battery (Class A)	Substantial battery (Class I), aggravated battery (Class H or Class E)
Wyoming	Simple assault	Aggravated assault

Differences Between Misdemeanor and Felony Assault

Misdemeanors and felonies have different criminal penalties and long-term consequences. Potential penalties for an assault conviction include:

• Prison time
• Fines
• Community service
• Attending a victim panel
• Anger management treatment
• Substance abuse program
• Victim restitution

Possible Jail Time and Probation for Assault

In most states, the maximum jail penalty for a misdemeanor is under one year. A felony conviction can lead to imprisonment for five years or more. In many cases, someone charged with a misdemeanor can get probation or other prison alternatives.

For a first-time simple assault, defendants may be eligible for deferred prosecution or diversion programs to avoid a criminal conviction on their record. By completing the terms of the diversion program, the criminal court will dismiss your charges.

Collateral Consequences of a Felony Criminal Record

A felony on your record can cause long-term harm and limit your future opportunities. Depending on state law, you may not be able to own a firearm, serve on a jury, pursue a professional license, or get government benefits.

If you can get a felony downgraded to a misdemeanor, it can improve your long-term prospects.

Aggravating and Mitigating Factors in Assault

There are aggravating and mitigating factors that can affect the types of charges you face after an assault arrest. Aggravating factors increase the severity of the charge, with greater potential penalties. Mitigating factors lower the degree of the charge and bring down the penalties.

Aggravating factors for assault can include:

• Causing serious bodily harm
• Use of a firearm or deadly weapon
• Prior criminal history
• The victim is in a protected class
• Sexual assault
• Lack of remorse
• The perpetrator was in a position of authority
• Assaulting a police officer, emergency personnel, healthcare provider, or someone acting in their official duties

Mitigating factors to lower the degree of an assault or battery charge can include:

• Minor defendant
• First-time offender
• Mental health conditions
• Cooperating with law enforcement officers
• Showing remorse and accepting responsibility
• Minor participation in the crime

Some states treat different assault charges as “wobblers.” A wobbler is a criminal charge that the district attorney can charge as a misdemeanor or a felony. The charge will ultimately depend on the aggravating and mitigating factors of the crime.

Simple Assault vs. Aggravated Assault

Many states have simple assault as a category of assault that doesn’t cause serious bodily harm. It’s charged as a misdemeanor. Simple assault may not involve any physical contact, but it may involve acting carelessly or negligently to cause harm or threatening harm.

In many states, aggravated assault in the first, second, or third degree is a felony (Class A, B, or C). The different degrees depend on the individual situation and the aggravating factors. Types of felony aggravated assault include:

• Assault with a deadly weapon
• Assault causing serious physical injury or disfigurement
• Assaulting a police officer
• Assaulting someone in a protected class

In many states, domestic violence is charged as assault or battery, but with aggravating factors or different penalties.

Self-Defense as a Defense to Assault

Self-defense and defense of others are affirmative defenses to assault charges. An affirmative defense means you admit to committing the assault, but you provide a justification for doing it. If you assaulted someone to defend yourself against imminent danger of harm, you should not be convicted of assault.

There are specific elements to self-defense and defense of others, depending on the state. For example, you cannot use more force than necessary to stop an assault. For example, it’s not a defense to shoot someone to stop them from punching you.

How Plea Bargaining Can Reduce Charges

Plea bargaining involves pleading guilty in exchange for reduced charges. As part of plea bargaining, the prosecutor may claim they will prosecute you for the highest degrees, with the most charges, and recommend the most severe penalties. However, if you accept a guilty plea, they may drop some charges or recommend a reduced penalty.

Plea bargaining is like any other negotiation. Your bargaining power depends on the strength of your case. An experienced criminal defense attorney can make a big difference in your negotiating power. Attorneys understand the plea process, the evidence involved, and the prosecutor’s burden of proof.

How a Lawyer Can Help You Deal With an Assault Charge

In some cases, prosecutors may over-charge a defendant by seeking to elevate the degree of an assault. Strong plea bargaining can help you plead down your case from a felony to a misdemeanor.

A criminal defense lawyer can ensure the prosecution meets its burden of proof for a specified charge. An attorney can also negotiate to get probation or other jail alternative sentencing. If you were arrested for assault, contact a local criminal defense attorney for help.