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Felonious assault occurs when an individual intentionally inflicts or attempts to inflict serious physical harm on another person, often involving a weapon or the threat of one.
A recent study found that aggravated assaults, including felonious assaults, make up nearly 65% of all violent crimes in the U.S. each year. This highlights the prevalence of these offenses and the importance of understanding your rights as a victim.
If you’ve been a victim of a felonious assault, you have the right to take legal action against the person who caused you harm.
With over 20 years of experience, Schmidt & Clark has successfully helped victims pursue damages and hold offenders accountable. In this article, we’ll cover everything you need to know about felonious assault and how to protect your rights.
Quick Summary
- The crime can take different forms, including aggravated assault and assault with a deadly weapon, both of which elevate the severity of the charges.
- Convictions for felonious assault can lead to significant legal consequences, including lengthy prison sentences, hefty fines, and long-term implications for the offender’s criminal record.
- Potential defenses against felonious assault charges may include self-defense, lack of intent to harm, or mistaken identity, depending on the case specifics.
- Victims of felonious assault have the right to pursue both criminal charges and civil lawsuits to recover compensation for medical expenses, emotional trauma, and other damages.
The Definition of Felonious Assault
Felonious assault is an assault with a dangerous weapon with the intent to cause physical injury or harm to another person.
You can face a felonious assault charge if you unlawfully touch another person while using any object as a weapon.
“Felonious Assault means a violent or criminal act reported to the local authorities which was directed at you during the course of, or an attempt of, a physical assault resulting in serious injury, kidnapping, or rape.” Law Insider
A felonious assault is:
- Knowingly and intentionally causing physical harm to another person, including an unborn child
- Most forms of sexual assault
- Attacks on children and infants (these don’t even require the attacker to be armed)
- Causing or attempting to cause serious physical harm with a weapon
- Engaging in sex with another person if you’re HIV positive:
- Without informing them you’re HIV positive
- If the other person doesn’t have the mental capacity to understand the risks
- If the other person is under 18
Note: In some states, such as Ohio, felonious assault is a 2nd-degree felony, but it becomes a 1st-degree felony if the victim is a police officer.
Felonious Assault and Weapons
A felonious assault can include firing or wielding a weapon, but an assault can also be deemed as felonious without the presence of a weapon.
Also, the weapon doesn’t necessarily have to inflict serious physical harm. It’s enough if a person brandishes a knife or a gun to make the victim commit certain acts out of fear.
A felony assault includes the presence of a deadly weapon, and a lot of people assume a deadly weapon is a knife or a firearm.
However, the list of items that are seen as deadly weapons can include:
- Rope
- Pillow
- Rock
- Hammer
- Scissors
- Broken glass
- Kitchen knives
Any item that’s used to cause harm can be considered a deadly weapon.
Read Also: Assault With a Deadly Weapon
Penalty for Felonious Assault
Penalties for felony crimes differ from state to state, but they are considered serious.
Overall, a felony conviction varies because of local laws and attack specifics. Also, judges have a fair amount of leeway in these cases, but most jurisdictions require a prison sentence.
This can go from years to decades, depending on the charges and assault circumstances. A monetary fine or probation is also a common penalty. In case the victims are police officers, the sentence increases dramatically.
In Ohio, the penalties for felonious assault vary based on the degree of the felony and specific circumstances surrounding the offense.
Here are the current penalties [1]:
First-Degree Felony:
- Prison Sentence: 3 to 11 years
- Fine: Up to $20,000
- Minimum Sentence: At least three years if the victim is a law enforcement officer.
Second-Degree Felony:
- Prison Sentence: 2 to 8 years
- Fine: Up to $15,000
Third-Degree Felony:
- Prison Sentence: Up to 3 years
- Fine: Up to $10,000
On the other hand, penalties in Michigan are different and depend on whether you’ve used a dangerous weapon. If you’re found guilty of a felony assault in Michigan, you’ll get 4 years in prison and a fine of up to $2,000 [2].
You need a skilled criminal defense attorney familiar with the law in your state to help you get the lowest penalty possible.
Felonious vs. Aggravated Assault
Felonious and aggravated assault are two different kinds of assaults. An aggravated assault happens when people commit assault because they are overcome by sudden passion or a fit of rage, and the victim provoked this state.
Examples of aggravated assault are:
- The offender causes physical harm to the victim or their unborn child
- The offender causes harm with a deadly weapon
Felonious assault is first or second-degree assault. However, aggravated assault is a 4th-degree felony or a 2nd-degree if the victim is a member of the police force.
Penalties for aggravated assault are:
- 9 months to 3 years in prison for a 3rd-degree felony
- A fine of up to $10,000 for a 3rd-degree felony
- A minimum sentence of at least 3 years if the victim is a law enforcement member
- 6 to 18 months in prison for a 4th-degree felony
- A fine of up to $5000 for a 4th-degree felony
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FAQs
What is the lowest form of assault?
The lowest form of assault is a misdemeanor. These usually don’t involve a serious injury, and it’s usually a simple assault.
What is the difference between felonious assault and regular assault?
The main difference between felonious assault and regular assault is the severity of the offense and the potential harm caused. Felonious assault typically involves the use of a dangerous weapon or results in serious physical injury, while regular assault usually refers to the threat or attempt of harm without a weapon or significant injury.
Can a felonious assault charge be expunged from my record?
Expungement of a felonious assault charge depends on the laws of the state where the crime was committed. Some jurisdictions allow expungement for certain felonies after a waiting period, while others may not allow expungement for violent offenses.
What constitutes a deadly weapon in a felonious assault case?
Firearms, knives, or any object that can inflict severe injury or death constitutes a deadly weapon in a felonious assault case. Even everyday items like rocks or hammers can be classified as deadly weapons if used in an assault.
Hire an Experienced Attorney to Help With a Felonious Assault
If you’ve caused physical harm to another person or their property, such as a motor vehicle, you can be prosecuted and made to pay restitution and medical treatment.
If the assault included dangerous ordnance, the penalties go up, and you may spend years in prison.
A reputable law firm such as Schmidt & Clark, LLP can help you if you’ve been wrongly accused. Our criminal defense attorneys can also help you get a more favorable outcome and a lighter sentence or a plea bargain.
Contact us today for a free consultation.
References:
1.https://codes.ohio.gov/ohio-revised-code/section-2903.11
2.https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-750-82