Assault

Anytime you come in contact with another person and they are harmed, you may be charged with assault. There are various degrees of assault. The most common type of assault is third degree assault. A person commits the crime of assault in the third degree if the person knowingly or recklessly causes bodily injury to another person or with criminal negligence the person causes bodily injury to another person by means of a deadly weapon. Third degree assault is a misdemeanor. However, it is considered an extraordinary risk crime.

A person commits the crime of assault in the second degree if they cause bodily injury to any person by means of a deadly weapon; or if they intentionally cause bodily injury to any person who they know to be a police officer; or if they recklessly cause serious bodily injury to another person by means of a deadly weapon. Second degree assault is a felony and in most cases considered a crime of violence.

A person commits the crime of assault in the first degree if they cause serious bodily injury to any person by means of a deadly weapon. First degree assault is a felony and a crime of violence. However, if there are facts alleged that may support the crime of first degree assault, in many instances the prosecutor will not charge the crime of first degree assault but instead charge attempted murder.

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