ASSAULT
There are five levels of assault charges. The highest penalty varies for each level.
The State must prove that a person either committed an act intending to cause another to fear immediate bodily harm or death or that a person intentionally inflicted or attempted to inflict bodily harm on another person.
Bodily harm means physical pain or injury, illness, or any impairment of physical condition.
The highest penalty if proven guilty is a misdemeanor, which includes up to a $1,000 fine or up to ninety days in jail.
Assault is an enhanceable offense, meaning that previous convictions may result in heavier consequences.
A person who has violated this law against the same victim within ten years of a previous domestic violence-related conviction can be charged with a gross misdemeanor, which includes up to a $3,000 fine or up to one year in jail.
A person who has violated this law against the same victim within ten years of two or more previous domestic violence-related convictions can be charged with a felony. A person who has violated this law within three years of two or more previous domestic violence-related convictions against any other alleged victim can also be charged with a felony. That person may be sentenced to imprisonment for up to five years and a fine of $10,000.
Assault in the fourth degree generally involves assaults on specific classes of alleged victims.
A person who physically assaults a police officer can be charged with assault in the fourth degree, which is a gross misdemeanor. The person can be charged with a felony if the assault results in demonstrable bodily harm to the police officer, or if the person intentionally throws bodily fluids or feces at or onto a police officer. Such a felony charge can result in up to three years imprisonment and a fine of $6,000.
A person who assaults a firefighter or emergency medical personnel and inflicts demonstrable bodily harm can be charged with a felony and may be sentenced to imprisonment for up to two years and a fine of $4,000.
A person who assaults a prosecutor, a judge, a probation officer, an employee of a correctional facility or an employee of a secure treatment facility while that alleged victim is performing their duties and either inflicts demonstrable bodily harm or throws bodily fluids onto that person can be charged with a felony, which includes a sentence of up to two years imprisonment and a fine of $4,000.
If the State proves that a person assaults another due to bias against the alleged victim’s race, color, religion, sex, sexual orientation, disability, age or national origin may be sentenced to imprisonment for up to one year and a $3,000 fine. A prior conviction for this offense within five years of the current charge can be charged with a felony and sentenced for one year of imprisonment and a fine of $3,000.
A person who assaults a school official while that official is working and inflicts demonstrable bodily harm can be charged with a gross misdemeanor.
A person can be charged with a gross misdemeanor if he assaults a public employee, including agricultural inspectors, occupational safety and health investigators, child protection workers, public health nurses, animal control officers, or probation or parole officers, when he knows that that person is engaged in official duties and inflicts demonstrable bodily harm.
A person who assaults a vulnerable adult and inflicts demonstrable bodily harm knowing or having reason to know that the person is vulnerable can be charged with a gross misdemeanor.
A person who assaults a reserve officer whose services are utilized by a law enforcement agency to provide supplementary assistance at special events, traffic or crowd control, or administrative or clerical assistance, and reasonably knows that the alleged victim is engaged in official public duties can be charged with a gross misdemeanor.
A person who assaults a postal service employee while that employee is performing his duties and inflicts demonstrable bodily harm can be charged with a gross misdemeanor.
A person who assaults a transit operator or intentionally throws bodily fluids on a transit operator while he is performing his duties can be charged with a gross misdemeanor, which can include up to one year in jail and a $3,000 fine.
Bodily harm means physical pain or injury, illness, or any impairment of physical condition. Demonstrable bodily harm generally means that the harm is visible or can otherwise be shown.
A person who assault another inflicting substantial bodily harm can be charged with a felony and sentenced to imprisonment for five years and a fine of $10,000.
Substantial bodily harm means bodily injury involving a temporary but substantial disfigurement. Substantial bodily harm can also mean injury that causes a temporary but substantial loss or impairment of the function of any bodily member or a fracture of any bodily member.
A person who assaults a minor and has engaged in a past pattern of child abuse against that minor can be charged with a felony and sentenced for up to five years imprisonment and a fine of $10,000.
A person who assaults a minor under the age of four and causes bodily harm the child’s head, eyes, or neck, or causes multiple bruises to the body can be charged with a felony and sentenced to five years imprisonment and a fine of $10,000.
A person who assaults another with a dangerous weapon can be charged with a felony and sentenced to imprisonment for up to seven years and a $14,000 fine. If the assault results in substantial bodily harm, the person can be sentenced for up to ten years and a fine of $20,000.
A dangerous weapon means any firearm, whether loaded or unloaded, or any device designed as a weapon and capable of producing death or great bodily harm.
Great bodily harm means injury that creates a high probability of death, causes serious permanent disfigurement, or causes a permanent or protracted loss or impairment of the function of any bodily member.
Substantial bodily harm means bodily injury involving a temporary but substantial disfigurement. Substantial bodily harm can also mean injury that causes a temporary but substantial loss or impairment of the function of any bodily member or a fracture of any bodily member.
A person who assault another and inflicts great bodily harm can be charged with a felony and sentenced to up to twenty years imprisonment and a fine of $30,000.
Great bodily harm means injury that creates a high probability of death, causes serious permanent disfigurement, or causes a permanent or protracted loss or impairment of the function of any bodily member.
A person who assaults a police officer, prosecutor, judge, or correctional employee while that person is engaged in official duties using or attempting to use deadly force can be charged with a felony. The person can be sentenced to imprisonment for up to twenty years and a fine of $30,000. The sentence must be at least ten years imprisonment.
Deadly force is defined as force which the person uses with the purpose of causing or which the person should reasonably know creates a substantial risk of causing death or great bodily harm. The intentional discharge of a firearm