Felonious Assault Attorneys
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What Is Assault?
What Is Felonious Assault?
Felonious assault is assault committed with a weapon or intent to commit a more serious crime such as murder. Felonious assault is referred to in some jurisdictions as felony assault or aggravated assault.
What Are the Elements of a Felonious Assault?
To successfully prove felonious assault, prosecutors must prove all of the elements of the crime, which are:
- Intent: The defendant must have the intent to cause the victim to be in immediate fear of a battery or intended to commit a battery.
- Weapon used: The defendant must have used some type of weapon capable of inflicting serious physical harm, such as a gun, knife, or car.
- Imminent fear of actual physical violence: The victim must have sustained some sort of physical trauma stemming from the fear caused by the threat. The injury does not have to be serious, but it does have to occur.
Can Felony Assault Also Be a Sexual Crime?
Yes, in some jurisdictions, felonious assault is considered a sex crime when:
- Sexual activity occurs
- The victim is under the age of 14 years old
What Are the Penalties for Felony Assault?
The exact penalties vary from jurisdiction to jurisdiction. In general, a person convicted of aggravated assault may receive:
- Time in prison up to one year
Can a Person Be Sued for Felonious Assault in Civil Court?
Yes, the victim can sue a defendant who has been convicted of felony assault in civil court for damages such as medical bills and pain and suffering. The case is easier to win after a conviction.
Should I Contact an Attorney about My Felonious Assault Charge?
Felony assault is a serious charge that may result in prison time. If you are facing a felony assault charge, you should talk to a criminal defense attorney.
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Last Modified: 12-20-2016 12:24 PM PST
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