Misdemeanor Assault Charges and Penalties
There are three types of misdemeanor assault charges:
Aggravated Misdemeanor Assault c
A charge of aggravated misdemeanor applies to anyone who:
- Commits assault intending to cause serious injury to another but does not actually cause serious injury
- Commits assault against a protected employee, including law enforcement, healthcare providers, and others
- Commits a hate crime causing bodily injury or mental illness
- Uses or displays a weapon in connection with the assault
Examples of aggravated assault include a patient in an emergency room striking a physician during an examination or someone threatening to injure another person while holding a baseball bat. Penalties for aggravated misdemeanor assault include up to two years in jail and a fine of $625 to $6,240.
Serious Misdemeanor Assault
A charge of serious misdemeanor assault may apply when the assault causes bodily injury or mental illness, or is committed against a protected employee, or is a hate crime.
An example of a serious misdemeanor would be an assault resulting in the other person sustaining a broken arm. Penalties for serious misdemeanor assault include up to one year in jail and a fine of $315 to $1,875.
Simple Misdemeanor Assault
Someone would be charged with simple misdemeanor assault if no other circumstances apply. For example, you strike someone with your fist, but that person sustains only a bruise. Penalties for simple misdemeanor assault include up to 30 days in jail and a fine of $65 to $625.
Felony Assault Charges and Penalties
Assaults can rise to felony offenses under certain circumstances. If the assault occurs while committing a felony other than sexual abuse, the perpetrator could be charged with a Class C felony if someone is injured during the assault or a Class D felony if they do not sustain injuries.
For example, you strike a store clerk in the head with the butt of your firearm during the commission of an armed robbery, causing a skull fracture. Among the charges brought against you would be Class C Felony Assault.
Using or displaying a weapon during a hate crime assault is also considered a class D Felony. Assaults involving penetration of the anus or genitals with an object is considered a class C felony.
Penalties for Class D felonies are up to five years in prison and a fine of $750 to $7,500. Penalties for Class C felonies are up to 10 years in prison and a fine of $1,000 to $10,000.
Work with an Experienced
Criminal Defense Attorney
Any assault conviction, from a simple misdemeanor to a felony, can remain on your record forever. You can also find yourself charged with assault when you believe you were acting in self-defense. Every set of circumstances is different, so you need an experienced criminal defense attorney on your side, working to achieve the best outcome possible. If you or someone you know has been arrested or charged with assault, call or reach out to my firm, Olberding Law Office today. For more than 30 years I’ve been working with individuals in Nevada, Iowa, and the surrounding counties of Story, Marshall, Boone, Hamilton, and Hardin. Don’t face your charges on your own. Call my office today to schedule a free case consultation.