State Criminal Defense
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To be convicted of the criminal charge of Assault, the state must prove: 1) an intentional, unlawful threat, 2) by word or act, 3) to do violence, 4) to the person of another, 5) coupled with an apparent ability to do so, and 6) and doing some act which creates a well founded fear that such violence is iminenet. An assault, as defined above is a misdemeanor with the Maximum jail sentence of 60 days in jail. Probation is also a possible sentence. Aggravted Assault is an enhanced charge from the one above. The elements are the exact same but the givernment must also prove, A) that a deadly weapon was involved but there was no intent to kill, OR B) the assault was committed with the intent to commit a felony. An aggravted Assaul, as defined above is a felony of the third degree punishable by a maximum of 5 years in Prison.
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