First Degree Assault
First degree assault is a felony charge. A person is guilty of assault in the first degree if he or she causes serious physical injury to another person. “Serious physical injury” includes any injury that:
- Creates a substantial risk of death
- Causes permanent disfigurement
- Causes loss of functionality in any part of the body
- Impairs the function of any part of the body
Second Degree Assault
There are three ways a prosecutor can prove second degree assault:
- that a person offensively touched another without consent
- that a person placed another in reasonable fear of being touched or harmed without consent
- or that the perpetrator attempted to offensively touch a person without consent
Bodily harm is not required. Second degree assault is so easy to prove, it has become the darling of prosecutors, and perhaps the most charged, and over-charged, crime in the state. A conviction carries a penalty of up to 10 years.
There are a lot of people out there with assault convictions. These types of blemishes on a record can prevent you from getting a job or the housing you want. I've handled hundreds of criminal prosecutions through the years.