Aggravated assault: penalties in each state
An assault made worse by a weapon, by serious injury, or by the victim's position. States use different names for the same conduct.
What to look for: Several states have no offence with this name, so the closest offences are shown and named.
These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. Not legal advice.
9 states covered so far
Arizona
0.33 to 2 years (Class 6) up to 3 to 12.5 years (Class 2)
Show the degrees and the statutes
Aggravated assault (Class 6 forms) (Class 6 felony)
- Least
- 0.33 years (about 4 months)
- Most
- 2 years
- Fine
- Fine of up to $150,000
A first offence: usual term 1 year, between 0.5 and 1.5 years; about 4 months if mitigated and 2 years if aggravated (§ 13-702).
Aggravated assault (Class 4 forms) (Class 4 felony)
- Least
- 1 year
- Most
- 3.75 years
- Fine
- Fine of up to $150,000
A first offence: usual term 2.5 years, between 1.5 and 3 years; 1 year if mitigated and 3.75 years if aggravated (§ 13-702).
Aggravated assault (Class 3 forms, such as serious injury or a deadly weapon) (Class 3 felony)
- Least
- 2 years
- Most
- 8.75 years
- Fine
- Fine of up to $150,000
A first offence: usual term 3.5 years, between 2.5 and 7 years; 2 years if mitigated and 8.75 years if aggravated (§ 13-702).
Aggravated assault (Class 2 forms, for example on a first responder or law-enforcement employee) (Class 2 felony)
- Least
- 3 years
- Most
- 12.5 years
- Fine
- Fine of up to $150,000
A first offence: usual term 5 years, between 4 and 10 years; 3 years if the court finds mitigating factors and 12.5 years if it finds aggravating factors (§ 13-702). If it is a dangerous offence, the range is 7 to 21 years (§ 13-704).
Arizona's aggravated assault statute has many forms. The class depends on the circumstances, such as a deadly weapon, serious injury or the victim's position (for example a first responder). The highest class is a Class 2 felony.
California
No minimum, up to 4 years (a deadly weapon) up to 4 to 12 years (a machinegun or assault weapon)
Show the degrees and the statutes
Assault with a deadly weapon (not a firearm), or by force likely to produce great bodily injury (Wobbler: felony or misdemeanor)
- Least
- No minimum term set by the statute
- Most
- Up to 4 years in state prison, or up to 1 year in county jail
- Fine
- Fine of up to $10,000
State prison term of 2, 3 or 4 years; or county jail up to 1 year; or a fine of up to $10,000; or both fine and imprisonment.
Assault with a firearm (Wobbler: felony or misdemeanor)
- Least
- 6 months in county jail, or 2 years in state prison
- Most
- 4 years in state prison, or 1 year in county jail
- Fine
- Fine of up to $10,000
State prison for 2, 3 or 4 years, or county jail for not less than 6 months and not more than 1 year, or both a fine of up to $10,000 and imprisonment.
Assault with a semiautomatic firearm (Felony)
- Least
- 3 years
- Most
- 9 years
- Fine
- Fine of up to $10,000, where the offence sets no fine (§ 672)
Three possible terms set by the statute: 3, 6 or 9. The court chooses among them.
Assault with a machinegun, an assault weapon or a .50 BMG rifle (Felony)
- Least
- 4 years
- Most
- 12 years
- Fine
- Fine of up to $10,000, where the offence sets no fine (§ 672)
Three possible terms set by the statute: 4, 8 or 12. The court chooses among them.
California calls this 'assault with a deadly weapon' or 'assault by force likely to produce great bodily injury' (§ 245). It is a wobbler in the lower forms.
Florida
Up to 5 years (aggravated assault) up to 15 years (aggravated battery)
Show the degrees and the statutes
Aggravated assault (an assault with a deadly weapon, or intending to commit a felony) (Felony of the third degree)
- Least
- No minimum term set by the statute
- Most
- Up to 5 years
- Fine
- Fine of up to $5,000
A firearm can trigger a minimum-mandatory term under § 775.087.
Aggravated battery (a battery causing great bodily harm, or with a deadly weapon) (Felony of the second degree)
- Least
- No minimum term set by the statute
- Most
- Up to 15 years
- Fine
- Fine of up to $10,000
Iowa
Up to 2 years (aggravated misdemeanor) to up to 10 years (Class C)
Show the degrees and the statutes
Assault with intent to inflict serious injury, or with a dangerous weapon (Aggravated misdemeanor)
- Least
- No minimum term set by the statute
- Most
- Up to 2 years
- Fine
- Fine of $855 to $8,540
§ 708.2, subsections 1 and 3.
Assault causing serious injury (Class D felony)
- Least
- No minimum term set by the statute
- Most
- Up to 5 years
- Fine
- Fine of $1,025 to $10,245
§ 708.2, subsection 5.
Willful injury causing serious injury (Class C felony)
- Least
- No minimum term set by the statute
- Most
- Up to 10 years
- Fine
- Fine of $1,370 to $13,660
Willful injury causing only bodily injury is a Class D felony (up to 5 years).
Iowa has no offence called 'aggravated assault'. These are the closest offences: assault made worse by intent to cause serious injury, a weapon or serious injury, and willful injury.
Maryland
Up to 10 years (second degree) up to 25 years (first degree)
Show the degrees and the statutes
Assault in the second degree (Misdemeanor (a felony in some forms))
- Least
- No minimum term set by the statute
- Most
- Up to 10 years, and a fine of up to $2,500, or both
- Fine
- Fine of up to $2,500
Assault in the first degree (Felony)
- Least
- No minimum term set by the statute
- Most
- Up to 25 years
Maryland has no offence called 'aggravated assault'. Assault in the first degree is the closest: an assault with a firearm or causing serious physical injury.
New York
Up to 7 years (second degree) up to 5 to 25 years (first degree); 10 to 30 years if the victim is a police officer
Show the degrees and the statutes
Assault in the second degree (Class D felony)
- Least
- No minimum term set by the statute
- Most
- 7 years
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
Some forms are violent felony offenses (2 to 7 years). Others carry an indeterminate sentence with a maximum of up to 7 years.
Assault in the first degree (Class B violent felony)
- Least
- 5 years
- Most
- 25 years
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
Aggravated assault upon a police officer or peace officer (Class B violent felony)
- Least
- 10 years
- Most
- 30 years
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
The term is raised to between 10 and 30 years (§ 70.02(3)(a)).
New York has no offence called 'aggravated assault' except against police and peace officers. These are assault in the second and first degrees.
Texas
2 to 20 years up to 5 to 99 years, or life
Show the degrees and the statutes
Aggravated assault (serious bodily injury, or use or display of a deadly weapon) (Felony of the second degree)
- Least
- 2 years
- Most
- 20 years
- Fine
- Fine of up to $10,000
Aggravated assault in the circumstances listed in § 22.02(b) (Felony of the first degree)
- Least
- 5 years
- Most
- 99 years, or life
- Fine
- Fine of up to $10,000
A first-degree felony where the facts listed in § 22.02(b) are shown, which turn on who the victim was or what the defendant did.
Virginia
1 to 5 years (unlawful wounding) up to 20 years to life (aggravated malicious wounding)
Show the degrees and the statutes
Unlawful wounding (without malice, with intent to maim, disfigure, disable or kill) (Class 6 felony)
- Least
- 1 year in prison, or no prison term if the court chooses jail instead
- Most
- 5 years, or up to 12 months in jail and a fine of up to $2,500
Malicious wounding (Class 3 felony)
- Least
- 5 years
- Most
- 20 years
- Fine
- Fine of up to $100,000
Aggravated malicious wounding (the victim is severely injured and suffers permanent and significant physical impairment) (Class 2 felony)
- Least
- 20 years
- Most
- Life
- Fine
- Fine of up to $100,000
Virginia calls these 'unlawful wounding', 'malicious wounding' and 'aggravated malicious wounding' (§§ 18.2-51 and 18.2-51.2).
Washington
Up to 5 years (third degree) up to life (first degree)
Show the degrees and the statutes
Assault in the third degree (Class C felony)
- Least
- No minimum term set by the statute
- Most
- Up to 5 years
- Fine
- Fine of up to $10,000
Assault in the second degree (Class B felony)
- Least
- No minimum term set by the statute
- Most
- Up to 10 years
- Fine
- Fine of up to $20,000
A Class A felony if there is a finding of sexual motivation.
Assault in the first degree (Class A felony)
- Least
- No minimum term set by the statute
- Most
- Life imprisonment
- Fine
- Fine of up to $50,000
Washington has no offence called 'aggravated assault'. Its degrees of assault do the same work: third, second and first degree.
Other states are being added. Spotted a mistake? Tell us.
