Assault in the Second Degree
Assault in the second degree is more complicated than both first-degree and third-degree assault. This type of assault involves either recklessness or the fact that the assault arose out of sudden passion that had a cause.
A second-degree assault will be considered either a class B or a class C felony.
Examples of Assault in the Second Degree
This type of assault includes:
- seriously injuring someone through recklessness
- seriously injuring someone while intoxicated
- injuring someone through discharging a firearm recklessly
- attempting to kill or seriously injure someone in a moment of sudden passion that was caused by an adequate reason
- attempting to or knowingly causing physical injury to someone with a deadly weapon or dangerous instrument
- injuring an emergency vehicle operator while driving in a criminally negligent way and violating traffic laws
For a class B felony, you could spend from five to 15 years in prison and a fine up to $5,000. For a class C felony, you could spend up to seven years in prison, be fined $5,000, or be punished with both.
Assault in the Third Degree
In a third-degree assault, a person knowingly causes physical injury to another person. The injury is minor, such as a cut, scrape, or bruise.
A misdemeanor is one of the least serious offenses. Assault in the third degree is considered a misdemeanor.
Examples of Assault in the Third Degree
Assault in the third degree includes:
- purposely threatening someone and causing that person to fear that they are about to suffer serious injuries
- trying to injure someone or causing an injury to someone through recklessness
- acting in such a way that someone else is in serious risk of dying or suffering serious injuries through recklessness
- purposely acting in an offensive or provocative way with someone who is incapacitated
- causing injury to someone with a deadly weapon through negligence
For assault in the third-degree as a Class A misdemeanor, you could be sentenced to up to one year in jail, a fine of up to $1,000, or both.
Assault in the Fourth Degree
Similar to assault in the second degree, there are many categories that fall under assault in the fourth degree.
Fourth-degree assault is considered a class A misdemeanor with some exceptions. Consult with your attorney to find out more.
Examples of Assault in the Fourth Degree
Assault in the fourth degree includes:
- attempting to cause or recklessly causing physical injury, pain or illness to someone
- purposely placing another person in danger of immediate injury
- physically injuring someone with a firearm through criminal negligence
- recklessly acting in a way that creates the risk of death or injury to someone
- causing physical contact, knowingly, with a person with a disability, which a reasonable person without a disability would consider offensive or provocative
- causing physical contact, knowingly, with someone knowing that the person will consider the contact offensive or provocative
If found guilty of assault in the fourth degree, you may be charged a fine of up to $1,000 and up to one year in jail for a class A misdemeanor.
Domestic assault is a kind of assault directed against a domestic victim. That would include:
- current or former romantic or intimate partner
- co-parent (no matter what the relationship status is)
- current or former spouse
- current or former cohabitant
- a relative by blood or by marriage
Domestic assault can be either a felony or a misdemeanor, depending on the degree of the crime.
Penalties for domestic assault range from no less than ten and up to 30 years or even life in prison for a class A felony for a first-degree assault, to up to one year in jail and a fine of up to $2,000 for a class A misdemeanor for a fourth-degree assault.