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Assault Cases FAQ

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Are Assault and Assault-Family Violence different?

Yes. Both are class A Misdemeanors as a first offense. However, Assault-Family Violence is enhanceable and regular Assault is not; meaning, a 2nd offense for regular Assault is still a class A Misdemeanor, but a 2nd offense for Assault-Family Violence is a 3rd Degree Felony.

What are the punishments for Misdemeanor Assault?

Regular class A Assault is punishable by probation up to 1 year county jail and a fine not to exceed $4000. Assault-Family Violence 1st offense carries the same punishment range, but also carries the “Affirmative Finding of Family Violence” (AFFV).

What is an “Affirmative Finding of Family Violence” (AFFV)?

AFFV is a finding associated with a conviction for domestic violence. An AFFV will prevent you from ‘sealing’ the record of the case. It will prevent you from ‘sealing’ the records of future unrelated cases. It will potentially prohibit you from getting a professional license (ex: Barber, Plumber, Electrician, EMT, etc). It will make a second Family Violence enhanceable.

What is the punishment for Assault-Family Violence 2nd Offense?

3rd Degree Felony. Probation (if eligible) or 2 – 10 years prison and a fine not to exceed $10,000.

What is the punishment for Assault-Family Violence Strangulation (Occlusion)?

First offense: 3rd Degree Felony. Probation (if eligible) or 2 – 10 years prison and a fine not to exceed $10,000. If you have a prior Assault Family Violence conviction: 2nd Degree Felony. Probation (if eligible) or 2 – 20 years prison and a fine not to exceed $10,000.

What is the punishment for Aggravated Assault?

2nd Degree Felony. Probation (if eligible) or 2 – 20 years prison and a fine not to exceed $10,000.

I plan to plead guilty, do I need to hire a lawyer?

Yes. Hiring the best lawyer you can find can have a great impact on the sentence you agree to, even if you intend to plead guilty.

How to I fight an Assault case?

To learn more click here.