Bail & Assault

201601.02

Two business people fightingThere are various types of assault, as well as five different degrees of assault. An individual can be charged with a felony assault or misdemeanor assault. The amount of bail issued to the defendant depends on the severity of the assault, as well as other circumstances determined by the court.

Felonious Assault

An attempted or unlawful forceful or violent attack that causes physical injury. Felonious assault is typically committed with a weapon, but it may also occur when serious physical injury occurs. Any assault with a weapon is called a felonious assault even if an injury does not occur.

Assault Involving a Protected Class

This is a special assault charge used when children, pregnant women and elderly women are assaulted. Some states also include school employees, police officers, judges, taxi drivers and transit workers as members of a protected class.

Simple Assault
Minor injury occurs to a victim in this circumstance and a weapon is not used in the incident.

Physical Assault
Grievous bodily harm occurs in this circumstance, and it is often related to murder or aggravated assault.

Aggravated Assault
A weapon is used or increased force occurs in this circumstance.

Sexual Assault
When an individual is subjected to a sexual act such as rape, sodomy or molestation. Any sexual act committed without an individual’s consent.

Verbal Assault
An assault that causes mental, emotional and/or psychological injury to an individual instead of a physical injury.

Assaults are separated into degrees in order from 1st to 5th:

1st Degree Assault
This charge typically occurs when serious bodily harm is inflicted or a police officer is assaulted. The sentence for 1st degree assault is up to 20 years of jail time and high fines.

2nd Degree Assault
A dangerous weapon must be involved in this charge. A convicted individual could face up to 7 years of prison and fines exceeding $10,000 if no serious injury occurs and up to 10 years if serious injury occurs.

3rd Degree Assault
Third degree charges are brought when substantial bodily harm occurs. The sentence may go up to 5 years with fines over $1,000.

4th Degree Assault
Fourth degree charges are typically a misdemeanor charge and can result in up to one year of jail times and a fine in the thousands. 4th degree assault can be brought on an individual that assaults a police officer or firefighter.

5th Degree Assault
Fifth degree assaults are also misdemeanors and could result in up to 90 days in jail and a $1,000 fine.

While an assault charge is a serious offense, it is not a non-bailable offense. A bail bondsman can begin the process in an assault case and have the defendant released in the shortest possible time.