You can be charged with simple assault if you have been alleged to either willfully cause bodily injury to another individual, or negligently cause injury to another person by using a firearm or weapon. Typically, simple assault is considered a Class B Misdemeanor in North Dakota. However, is considered a Class C Felony if the alleged victim is a peace officer. If you are charged with simple assault against a family member, you will be charged with domestic assault. A first domestic assault charge is a Class B Misdemeanor, however, a second or subsequent domestic assault allegation will result in you being charged with a Class A Misdemeanor. It is important to realize that if you are charged with domestic assault, that you could be required to have no contact with the alleged victim. This can be an extremely difficult challenge, especially if you and the alleged victim live in the same home. That is why it is crucial to contact a knowledgeable criminal defense attorney to make sure that your interests are protected during these difficult times. Additionally, if you are an alleged victim of an assault and feel as though no one is listening to your desires, it is important to retain an attorney to make sure that your interests are protected throughout the course of the case.
You can be charged if you have been alleged to either willfully causes substantial bodily injury to another individual, or negligently cause substantial injury to another person by using a firearm or weapon. The only difference between simple assault and assault is the amount of injury you allegedly caused, and you can only be charged with assault if you have caused substantial injuries. Assault is classified as a Class A Misdemeanor unless the alleged victim is under the age of 12, at which time you will be charged with a Class C Felony.
Under this statute, you will be convicted of a Class C Felony if you are found to have 1) willfully caused serious bodily injury to another; 2) knowingly caused injury or substantial injury with a dangerous weapon, with the possession of such weapon indicating intent or readiness to commit serious bodily injury to another; 3) injuring a person while trying to inflict serious injury upon another, or 4) firing a firearm or hurling a destructive device at a person. If the victim is under 12 years old or the victim suffers from a permanent impairment due to the injury, it is considered a Class B Felony.
Reckless endangerment is the creation of a substantial risk of injury or death of another person. This offense takes into account the potential for harm, whether or not the person was actually in danger. This is considered a Class C Felony if the person demonstrates extreme indifference to the value of human life. In any other case, reckless endangerment is a Class A Misdemeanor.
Felonies and Misdemeanors
Penalties for the offenses listed above:
- A Class B Felony offense can result in a sentence of up to 10 in prison and/or a fine of $20,000.
- A Class C Felony offense incurs the potential for a maximum of five years in prison and/or a $10,000 fine.
- A Class A Misdemeanor is subject to a maximum of one year in prison and/or a $3,000 fine.
- A Class B Misdemeanor may result in a maximum of thirty days in prison and/or a $1,500 fine.
Contact SW&L Attorneys Today
You can rest assured that we will investigate and utilize the best possible defense in each individual case. At SW&L Attorneys, we represent clients anywhere in North Dakota in assault and battery cases. Call us today at 701-297-2890.