Aggravated Assault Penalties
Fine, Jail & Other Consequences
If you have been charged with aggravated assault, the range of penalties that may apply if wide since this offense can come in the form of a second degree, third degree or fourth degree crime. Second degree aggravated assault is the most severe in terms of penalties whereas fourth degree aggravated assault is the least. Where your charge falls within the grades is crucially important because it could mean the difference between a commensurate penalty of up to ten (10) years in jail or no jail.
Penalties for Fourth Degree Aggravated Assault
• Up to eighteen (18) month prison sentence
• $10,000.00 fine
• Presumption of non-incarceration if the accused has no prior felony convictions.
Penalties for Third Degree Aggravated Assault
• Three (3) to Five (5)
• $15,000.00 fine
• Presumption of non-incarceration also applies here.
Penalties for Second Degree Aggravated Assault
• Five (5) to ten (10) year prison sentence
• $150,000.00 fine
• Presumption of incarceration
No Early Release Act (N.E.R.A)
If you are convicted of second degree aggravated assault, then you are subject to the No Early Release Act (“N.E.R.A.”). N.E.R.A. requires a person convicted of violent crimes, including a second degree aggravated assault, to serve 85% of the sentence imposed before becoming eligible for parole. It is therefore extremely important to avoid a 2nd degree conviction and employing strong legal counsel may be your best opportunity for doing so.
The diversionary program known as Pretrial Intervention is available for first time offenders charged with third degree aggravated assault and fourth degree aggravated assault.
If you are facing an aggravated assault charge, an attorney highly experienced in defending this offense is available immediately to assist you. Give us a call any time of day at 862-203-4070.