How Long Can You Go to Jail for Assault?

Assault and battery offenses are crimes of violence against individuals. Assault generally involves a threat of physical violence or harm. Battery involves physical contact, whether or not the victim suffered any physical injury. The criminal penalties for an assault conviction can include jail time, fines, and other criminal consequences. How long you can go to jail for an assault conviction may depend on what happened in your individual case.

This information is intended to provide general information on state assault charges. For information about jail time for a federal criminal conviction, find information about federal assault criminal charges here.

This page gives a general overview of assault crimes with links to more detailed articles that can help you answer specific questions on assault penalties. Because criminal law is set by each individual state, we suggest consulting an assault criminal defense lawyer in a city near you to give you the best advice about your individual circumstances.

Jail Penalties for Assault Crimes

Assault and battery are related but generally treated as separate offenses. However, many people think about assault as physical contact that may or may not result in injury or harm. Assault can involve a number of different criminal charges and offenses, including:

• Threats of physical injury
• Simple assault
• Aggravated assault
• Sexual assault
• Domestic assault
• Assault with a deadly weapon
• Assault with a firearm
• Assault of a police officer

Assault crimes can be categorized as misdemeanors or felonies. In general, the maximum jail time for a misdemeanor conviction is not more than a year in jail. However, for felony assault crimes, the defendant can be sentenced to more than a year in state prison. In some states, criminal charges are divided by degree, with crimes in the first degree being the most serious.

For example, in Texas, different assault and battery charges can be penalized as a misdemeanor or a felony, under the following degrees:

• Class C misdemeanor (generally no jail time)
• Class B misdemeanor (up to 180 days in jail)
• Class A misdemeanor (up to one year in jail)
• 3rd Degree felony (from 2 to 10 years in prison)
• 2nd Degree felony (from 2 to 20 years in prison)

Penalties for Simple Assault

The penalties for a simple assault charge depend on the individual state where the offense occurred. Most simple assault crimes are treated as misdemeanors. This applies to assault cases that generally do not result in serious bodily harm. Factors that can impact misdemeanor jail time include:

• Lack of prior criminal record
• Alleged victim may have been an active participant
• Defendant’s state of mind was impaired by a mental health condition or substance abuse

The maximum jail sentence for misdemeanor simple assault is generally up to one year. However, most first-time offenses for simple assault will result in reduced sentencing. Depending on the specific factors in the case, a judge may sentence the defendant to six months in jail or less. A criminal defense lawyer can also negotiate a plea bargain to help the defendant avoid jail time through probation or a deferred sentencing program.

In Washington, simple assault is also known as assault in the fourth degree. Simple assault is a misdemeanor. The penalties for a misdemeanor simple assault crime in Washington include up to one year in the county jail and a fine. There is no mandatory minimum sentence for simple assault. With a plea bargain, your criminal defense attorney may be able to negotiate probation instead of jail time. For a misdemeanor assault conviction, probation generally lasts from one to three years.

Felony Prison Sentencing for Aggravated Assault

With aggravating factors, simple assault can be elevated to more serious felony charges. Felony aggravated assault can result in more than a year in state prison, with serious aggravated assault resulting in up to 10 or more years imprisonment. Factors that can lead to aggravated assault charges include:

• Assault causing serious bodily injury
• Assault of protected classes
• Sexual assault
• Prior criminal history
• Assault with a deadly weapon
• Assault with a firearm

Assault of Protected Persons

Certain victims may be given special protection under criminal laws. Assaulting a protected person or person in a special class may result in additional penalties or aggravated charges. Some of the special victims may include:

• Elderly person
• Pregnant women
• Law enforcement officers
• Emergency workers
• Teachers
• Disabled persons
• Healthcare workers
• First responders

For example, in New York, assault on a peace officer, police officer, fireman, or emergency medical services professional is a class C felony. The penalties for a class C felony conviction include from 3 ½ to 15 years in state prison.

A Look at Some Specific State Assault Crimes

As noted, each state creates and enforces its own laws regarding assault and battery. As such there can be differences in how assault offenses are categorized. Sentencing can vary among states, as well. The following highlights a few specific examples of assault crimes in various states.

Assault With a Deadly Weapon

In Ohio, causing or attempting to cause physical harm to another by means of a deadly weapon is a type of felonious assault. Felonious assault is a second-degree felony with the possibility of imprisonment from 2 to 8 years. A deadly weapon can include any instrument or device that is capable of inflicting serious injury or death, including a knife, hammer, motor vehicle, or even an attack dog.

Assault With a Firearm

In California, assault with a firearm can be charged as a misdemeanor or a felony. As a misdemeanor, assault with a firearm can result in imprisonment for up to 1 year. As a felony, a conviction for assault with a firearm carries the possibility of imprisonment for up to 4 years. However, if the assault involved an assault weapon, the penalties could increase to up to 12 years in state prison.

Domestic Assault

Domestic assault involves threats of violence against a family member, romantic partner, or someone in the same household. The penalties for domestic assault can include jail time. In addition to a jail sentence or prison sentence, a conviction for domestic assault can include a protective order or restraining order. A protection order limits contact between the alleged abuser and the alleged victim.

Can You Go to Jail for a First Time Assault Arrest?

After an arrest for simple assault or aggravated assault, the suspect may be taken to the police station for booking. The police may hold the suspect in custody until the defendant has an arraignment before a judge or has a bail hearing to determine the terms of their release.

You can go to jail for assault even if it is your first offense. Having no prior criminal background can be considered a mitigating factor to reduce your jail sentence but it may not be enough to avoid jail time. For many people charged with a first-time offense of assault, the judge may recommend probation or suspended sentencing, as an alternative to time in jail.