What is Felonias Assault?
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You’ve most definitely heard of sexual assault, battery, aggravated, and simple assault, but what about felonious assault? If you didn’t know, you’re about to find out.
This article will answer the question, “what is felonious assault.” It will also show you what it means in some of the states in the US - and help you understand how these states punish felonious assault offenders.
Ready to satisfy your curiosity? Let’s dig in.
What Does Felonious Assault Mean?
Does felonious mean different things in different states? Is it any different from the other types of assault? What exactly qualifies an assault as a felony?
For starters, felonious assault is a serious crime in any state.
It occurs when a person attacks or threatens to attack another person with a dangerous weapon. The weapon ranges from a gun, knife, brass knuckles, and other weapons that could potentially put the victim in harm’s way.
Usually, felonious assault happens with the intent to cause harm to the victim.
During a felonious assault charge, the culprit is usually charged for intentionally causing physical harm to the victim.
Note that there’s no limitation regarding felonious assault and the weapon in question. A weapon could be anything like a ball thrown at the victim.
So, it’s not surprising that someone could face a felonious assault charge when they throw a ball at another individual - especially if it causes physical harm to the victim.
Another thing to note about a felonious assault is that it varies by definition from state to state. The difference in the definitions depends on how each state differentiates between misdemeanor and felony. It also depends on how different states define the word “intent.”
There are different types of felonious assault. Sometimes, the victim sustains a bodily injury to the point of needing medical attention. Other times, the victim may not have sustained bodily injury. But could have been scared with a dangerous weapon.
In Ohio, having sex with another person when you know you are HIV (Human Immunodeficiency Virus) positive is a felonious assault. Ohio classifies felonious assault as a 2nd-degree felony.
Felonious Assault vs Aggravated Assault: Different or Similar?
Felonious assault and aggravated assault are both types of assault, but they are quite different.
For starters, felonious assault is a felony, while aggravated assault is a serious misdemeanor. Although, in some cases, it might be classified as a felony.
Usually, when an aggravated assault occurs, the culprit is plunged into a state of rage or loses control of their emotions. Often, this state is triggered by the victim, which leads the culprit to react in certain ways that physically harm the victim.
As mentioned above, there are certain instances where the offender in an aggravated assault case may be charged with felonious assault instead. For instance, if the offender is an officer of the law, they would be charged with a second-degree felony for an aggravated assault - especially in Ohio.
So, where do we draw the line between these two assault cases?
Remember that a felonious assault always requires a weapon like brass knuckles. The weapon is not limited to a gun or knife. It could be anything from a steel rod to a baseball bat.
On the flip side, aggravated assault can occur weapon free. To face a severe misdemeanor crime, you must hit your victim with your hands and/or feet. Here’s the kicker; with felonious assault, you don’t need to make contact with your victim.
Merely threatening your victim with a weapon could stain your clean record with a felony. However, punching a victim would only put you through charges for a misdemeanor. In essence, you probably will not become a felon. Although, some people refer to felonies and aggravated assault as similar in some cases.
Punishment for Felonious Assault in the US States
When it comes to punishment for felonious assault in the United States, it varies by state. The following table provides details of the punishment for felonious assault in some US states:
|Michigan||§ 750.82||Up to 4 years prison sentence or a fine of $2,000. Sometimes, both.|
|Texas||§§ 12.33, 12.32, 22.02||Second Degree Felony: 2-20 years prison sentence and a fine of up to $10,000. First Degree Felony : Up to 99 years prison sentence and a fine of up to $10,000.|
|Ohio||§2903.13||First-degree felony (against citizens): 11 years jail time and up to a $20,000 fine. First-degree felony (against a police officer): 3-11 years jail time and a $20,000 fine. Second-degree felony: up to 8 years, and fine of $15,000.|
|New York||§ 120.10 § § 120.05, 70.00, 70.02§ § 120.10, 70.00, 70.02||
Class D felony (second-degree assault):
Jail term of 3-7 years for subsequent offenders, one day to one year for first-time offenders, or probation.
Class B felony (first-degree assault):
3-25 years jail term.
Fine of not less than $5,000 may apply
FAQs: What Is a Felonious Assault?
How to Beat a Felonious Assault Charge
You can beat a felonious assault charge if you can build a strong defense to prove any of the following: false accusation, lack of intent, and self-defense. Also, if there is insufficient evidence to prove beyond a reasonable doubt, a prosecutor can dismiss a felonious assault charge.
What Are the 4 Classifications of Assault?
The 4 classifications of assault include first-degree, second-degree, third-degree, and fourth-degree assault. First-degree assault is the most severe.
Can Felonious Assault Be Expunged in Ohio?
According to the § 2953.36 Ohio revised code, first or second-degree felonies cannot be expunged.
What Is the Lowest Charge of Assault?
The lowest assault charge is a Class C Misdemeanor. When fined, it can’t be more than $500.
Can You Get Probation for Felonious Assault in Ohio?
Unless it’s a 2nd-degree felonious assault, you could get probation for a felonious assault in Ohio. People convicted of 2nd-degree felonious assault could be sentenced to 2-8 years jail time.
Conclusion: What Is a Felonious Assault?
Now that we’ve clarified the question “what is a felonious assault?” you can understand how different it is from aggravated assault and other types of assault.
If you’ve been charged with felonious assault, first identify the circumstances of the situation. Is it a first or second-degree assault? Once you understand this, you can know your possible fate and prepare for the outcome.
Also, you should consider getting yourself a good criminal defense attorney. This way, you will have the best shot at beating the felonious assault charge or having your charge reduced.
Reference Legal Explanations
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" What is Felonias Assault?". Legal Explanations. Accessed on February 8, 2023. https://legal-explanations.com/blog/what-is-felonias-assault/.
" What is Felonias Assault?". Legal Explanations, https://legal-explanations.com/blog/what-is-felonias-assault/. Accessed 8 February, 2023
What is Felonias Assault?. Legal Explanations. Retrieved from https://legal-explanations.com/blog/what-is-felonias-assault/.