felonious assault vs aggravated assault

There’s no telling if what happened actually is an “assault” by definition. A person commits an aggravated assault when that person attempts to cause serious bodily injury to another person with a deadly weapon or endangers the life of the complainant or for instance, have sexual relations with a person who is under the age of consent. Felonious Assault Examples. There are many differences between felonious assault and aggravated assault: Aggravated assault occurs without a weapon while felonious assault requires a weapon. Call for a consultation today if you are seeking an attorney who can fight to protect your rights in Lansing, Ingham or Clinton counties, or additional surrounding counties in the state of Michigan. A conviction for a sex crime can also bring about a lot of consequences such as a prison sentence, fines, and registering as a sex offender in Illinois. An assault with an intent to commit a felony crime; Aggravated assault is also sometimes called “felony assault” because it is classified as a third-degree felony. Felonious assault applies to a narrow range of conduct. To learn how we might defend your specific case, contact us today at (517) 324-4303. Aggravated Assault vs. Call us today: (517) 324-4303, Moving Violation that Causes Serious Injury, Failure to Stop for School Bus or Emergency Vehicle, Collateral Consequences of a Criminal Conviction. Assaulting a Police Officer. A felony is a crime that is punishable by more than one year in prison. While there are hundreds of possible felonies, some of the most common felonies in Michigan include those related to using and transporting narcotics; larceny from a building; assault with a dangerous weapon (felonious assault); armed robbery; attempted murder; criminal sexual conduct in the first degree; and auto theft. As with felonious assault, aggravated assault applies to a narrow range of situations. Aggravated Assault Aggravated assault occurs when an offender is in an extreme emotional state or sudden rage as he commits the offense, and the emotional state was provoked somehow by the victim. Michigan Penal Code Section 750.81a Call an Lansing assault lawyer at DeBruin Law today at (517) 324-4303 to set up a consultation. Aggravated assaults are punishable as felonies or … Is there a difference at all? To put it into layman’s terms, both assault and aggravated assault involve hurting someone else … An assault is the act of inflicting physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. Generally, the common law definition is the same in criminal and tort law. The state assault statute, NJSA 2C:12-1, defines assault in four ways. In Texas, penal code 22.02 covers aggravated assault. This is because section 750.82 does not apply to an assault committed with the intent to commit murder or to inflict bodily harm. The crime of battery occurs when the defendant actually inflicts physical injury on another. What Constitutes a Felony Aggravated Assault Case? Although the offense is called “assault,” it is actually a form of battery. Aggravated assaults could include such things as an intent to kill. In fact, the state of Michigan defines them as one, stated as: “Aggravated/Felonious Assault is an unlawful attack by one person upon another wherein the offender uses a weapon or displays it in a threatening manner, or the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness.”. Thus, brandishing a pistol during a heated argument outside of a bar would generally be considered felonious assault under Michigan law, especially if there is evidence that you made threatening statements. Felonies are more serious than misdemeanors because they involve higher fines, longer periods of incarceration, and more collateral consequences such as limits on your second amendment right to own firearms. It means someone was afraid of being harmed. Essentially, Aggravated Assault is an assault with an additional act consisting of the use of a deadly weapon or the intent to commit a felony. The crime of assault can be committed by: 1. performing an overt (physical) act intended to cause physical harm while having the present ability to inflict harm, or 2. performing an overt act intended to place the victim in fear of bodily h… In contrast to a simple assault, the Texas Penal Code §22.02 provides that an assault is an Aggravated Assault when a person commits an assault, and the person: causes serious bodily injury to another, including the person’s spouse; or The assault was made either with a deadly weapon or with a fully formed conscious intent to commit a felony. In reference to the earlier example, if you point the gun at the person outside the bar, pull the trigger, and the gun misfires or you miss your target, felonious assault would probably not apply. States classify certain assaults as aggravated under their criminal codes. Aggravated Assault . Whether you are facing felonious or aggravated assault charges, one thing remains the same: your need for an experienced assault attorney. Aggravated Assault Convictions in Florida Assault: Someone who commits an assault crime is facing a second-degree misdemeanor . Judges have a lot of choice in sentencing. Assault and aggravated assault can lead to jail time. A felonious assault is when someone is assaulted with a weapon that can cause serious injury or death. Aggravated Assault. These two criminal charges are often involved in the same case but the elements of each offense are different. These types of felonies could result in up to 99 years in jail. We can help you understand the differences or point you in the right direction. When a person is charged with Aggravated Assault the prosecution must prove beyond a reasonable doubt that the defendant attempted to cause, or did cause, serious bodily injury. There are several categories of felonies, from Class A to Class F. Class A felonies are the most severe, while Class F felonies are punishable by up to two years in prison and may even be considered misdemeanors. Most states classify assaults as simple or aggravated according to the circumstances surrounding the offense. Aggravated Assault. Aggravated assault: If you used a weapon in an attempt to cause physical injury or you caused physical injury by using your hands, you might be charged with aggravated assault. Many states have multiple degrees of criminal charges for aggravated assault. If you’re ever accused of a sex crime, then it can have a big impact on your life. Simply stated, an assault is the threat of bodily harm while having the ability to carry out the threat.

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