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. Getting in front of a situation, and then managing that situation properly can make all the difference. That difference can have lifelong consequences.