This is the most common assault charge in our state. It is a misdemeanor, punishable by up to 90 days in jail and a $1,000 fine. To be charged with Fifth Degree Assault, an individual must either “intend to cause fear of bodily harm or injury” or “intentionally inflict or attempt to inflict bodily harm.”

Fourth Degree Assault is essentially the same as Fifth Degree Assault, but the alleged crime must have been perpetrated against either a public servant or someone the assaulter has a personal bias against. This charge is a gross misdemeanor and its punishments include a maximum of one year in prison and a $3,000 fine.

This is the least serious of the felony assault charges, but that doesn’t mean you don’t face significant repercussions if convicted of Third Degree Assault – in fact, you could face 5 years in prison and $10,000 in fines.

Second Degree Assault involves the use of a dangerous weapon, which makes it a very serious accusation. A dangerous weapon could include a gun, a knife, another sharp object, a vehicle…anything that can cause significant damage to a person. You could face 20 years in prison if you are convicted of Second Degree Assault, in addition to a hefty $10,000 fine.

This is the highest level of assault. It is a felony and carries a possible 30 year prison sentence and/or a $30,000 fine. To be charged with First Degree Assault, an individual must have caused “great bodily harm” during the assault or used deadly force against a police or correctional officer.

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