How Much Prison Time for Aggravated Assault?

Aggravated assault is considered a serious violent felony that often results in substantial prison time if convicted. The exact prison sentence depends on the circumstances and severity of the assault, the defendant’s criminal history, and state laws. This article provides an overview of aggravated assault sentences and factors that influence the length of incarceration.

What is Aggravated Assault?

Aggravated assault is an attack or physical injury that involves a weapon or means likely to produce death or great bodily harm. The main factors that distinguish aggravated assault from simple assault include:

• Use of a deadly weapon – The assault involves a deadly weapon such as a gun, knife, bat, or any object used in a way likely to cause serious injury or death.
• Serious bodily injury – The victim suffers significant injuries that require urgent and prolonged medical treatment.
• Intent – The perpetrator intended to cause severe harm or acted in a way likely to cause grave bodily damage.

Other aggravating factors can include the victim’s age, attack on a police officer, hate crime, or acting in concert with other perpetrators.

How is Aggravated Assault Defined Legally?

Laws define and classify aggravated assault as a felony distinct from simple misdemeanor assault. The legal definition varies slightly across states but commonly includes:

• Assault with intent to murder or kill
• Assault with a deadly weapon
• Assault resulting in serious bodily injury
• Assault on vulnerable victims – children, elderly, police, disabled
• Assault while committing another felony crime

The FBI’s Uniform Crime Report also categorizes aggravated assault as an offense separate from simple assault based on the severity of the attack and harm caused to the victim.

What are the Typical Aggravated Assault Sentences?

Aggravated assault sentences vary widely based on the specific circumstances of the case, governing state laws, and the defendant’s criminal history. Some general sentencing guidelines include:

• Aggravated Assault – Minimum 1-5 years in prison. Basic aggravated assault often starts with a 1-2 year sentence that can extend to 5 years or more depending on injuries, use of weapons, and other factors.
• Assault with a Deadly Weapon – 3-10 years prison. Assault with a deadly weapon that does not result in serious injury has an average sentence of 3-5 years. Lengthier terms up to 10 years are common with extensive injuries.
• Assault Causing Serious Bodily Injury – 5-25 years prison. When the assault causes grave injuries requiring hospitalization and ongoing medical treatment, typical sentences range from 5-25 years depending on the brutality and permanent effects.
• Assault with Intent to Murder – 10+ years up to life in prison. Intentionally trying to kill someone leads to lengthy sentences exceeding 10 years. Some states allow life sentences for premeditated murder attempts.

Aggravated Assault Sentencing Guidelines

Offense Classification	Typical Sentence Range
Basic Aggravated Assault	1 – 5 years prison
Assault with a Deadly Weapon	3 – 10 years prison
Assault Causing Serious Injury	5 – 25 years prison
Assault with Intent to Murder	10+ years to life in prison

These sentencing ranges account for first time offenders with no prior felonies. Repeat offenders and those with a violent criminal history often receive consecutive sentences at the higher end of the guidelines.

What Factors Increase Prison Time for Aggravated Assault?

Judges consider many factors when determining the appropriate aggravated assault prison term including:

• Injuries caused – More severe injuries and permanent disability/disfigurement lead to longer sentences. Sustaining broken bones, stab wounds, gunshot injuries, traumatic brain damage, or ongoing medical problems increase sentences.
• Use of a deadly weapon – Assault with a gun, knife, bat, or other weapon is considered more serious than an attack with hands, feet, or ordinary objects. Weapons increase minimum sentences.
• Premeditation – Planning a deliberate attack shows intent and malice, resulting in longer prison terms. Spontaneous assaults from arguments may receive slightly lighter sentences.
• Motive – Hate crimes, gang-related assaults, and other disturbing motives often increase sentences. Attacks stemming from personal arguments might be sentenced slightly lower.
• Prior criminal record – Repeat offenders and those with a history of violence will receive sentences at the upper end of guidelines. First time offenders may get slightly lighter sentences.
• State laws – Some states have tougher minimum sentencing laws for aggravated assault compared to others. Location plays a role in sentencing.

Overall, the more egregious, deliberate, harmful, and unjustified an aggravated assault, the longer the prison term imposed by the courts.

How Do Minimum and Maximum Sentences Work?

Aggravated assault convictions contain a minimum and maximum prison sentence length. For example, a conviction could result in 5-10 years behind bars. This gives the judge discretion based on the case details.

Minimum Sentence – The lowest prison term that can be imposed. The judge cannot sentence below the minimum even for mitigating circumstances.

Maximum Sentence – The highest prison term allowed for the particular crime. The maximum is typically reserved for the most violent premeditated assaults resulting in grievous injury.

Judges select the actual prison term based on the sentencing guidelines and factors in the case. The majority of sentences fall somewhere in the middle range between the minimum and maximum terms.

Can Aggravated Assault Lead to Life in Prison?

All states allow life imprisonment for the most serious aggravated assaults such as:

• Attempted murder – Assault with clear intent to kill.
• Severe permanent injury – Victim is left paralyzed, severely disfigured or disabled.
• Use of a deadly weapon – Gun, knife, bat, corrosive liquid, etc.
• Vulnerable victim – Child, elderly, police officer, disabled.
• Heinous circumstances – Brutal, torturous, cruel violence.
• Past pattern of violence – Repeat violent offender.

Sentencing guidelines list life in prison or indefinite incarceration as the maximum sentence for high severity aggravated assaults. Especially egregious premeditated cases essentially function as attempted murder, allowing lifetime imprisonment.

How Do Mandatory Minimum Sentences Impact Aggravated Assault?

Some states have mandatory minimum sentencing laws requiring set prison terms for certain aggravated assaults such as:

• Assault with a firearm – 3 year minimum
• Assault on elderly/child – 2 year minimum
• Assault causing serious injury – 5 year minimum
• Assault with hate crime motive – 1 year minimum

With mandatory minimums, judges cannot sentence below the statutory term even for mitigating circumstances. The minimum becomes the default sentence.

Critics argue mandatory minimums are unfair and lead to excessive sentences not fitting the crime. But proponents believe they deter aggravated assaults and keep dangerous offenders incarcerated. Over 20 states still use mandatory minimum sentences for violent felonies like aggravated assault.

Can Aggravated Assault Lead to Life Without Parole?

Life without parole (LWOP) is the most severe sentence possible where offenders spend their entire life incarcerated. While uncommon, LWOP can result from aggravated assault in two situations:

1. Three strikes laws – About 15 states have 3 strikes laws requiring LWOP after a third serious/violent felony conviction. A repeat offender with two prior strikes could face LWOP if convicted of aggravated assault.

2. Heinous circumstances – Even on a first offense, a deliberate brutal attack with intent to kill may warrant LWOP. For example, luring and torturing a victim before attempting murder would lead most judges to impose life without parole.

Outside these limited circumstances, LWOP is not typically imposed for aggravated assault alone on first or second offenses. The sentence is reserved for the worst repeat violent offenders.

Does Aggravated Assault Require Prison Time?

Prison time is not always mandatory for aggravated assault. In some minor cases, or with a plea bargain, alternatives may include:

• Probation – No incarceration but must follow strict supervision rules.
• House arrest – Confined to home for set duration with ankle monitor.
• Work release – Incarcerated at night but released for employment during the day.
• Suspended sentence – Prison term issued but not imposed unless parole violated.
• Fines – Monetary penalties proportional to the assault circumstances.

However, alternatives to incarceration are rare for aggravated assault. The violent nature of the crime virtually always leads to substantial prison time at minimum equal to the state’s lowest sentencing guidelines. Probation or house arrest alone is not commonly applied to aggravated assault convictions.

What is the Average Time Served for Aggravated Assault?

Defendants convicted of aggravated assault serve close to the full length of their imposed sentence behind bars. This averages:

• 5-6 years for basic aggravated assault.
• 7-8 years for assault with a deadly weapon.
• 15-20 years for assault with serious injury.
• 25+ years for attempted murder/intentional killing assaults.

Aggravated assault offenders have lower parole grant rates compared to other crimes given the serious violent nature of their offenses. And minimum sentencing laws prohibit parole eligibility until at least half the sentence is served.

On average, convicts serve about 90% of their aggravated assault prison term before release. This accounts for time reduced by good behavior credits in some states.

What Happens After Serving the Prison Sentence?

After completing their original prison term, aggravated assault convicts face extensive parole supervision lasting at least 1-3 years. High risk offenders remain on parole for 5 years or longer. Parole conditions involve:

• Reporting to a parole officer
• Restrictions on movement and associations
• Banned possession of weapons
• Drug/alcohol testing and treatment
• Possible ankle bracelet monitoring
• Following all laws with no further violations

Any parole violations lead to reincarceration. Lifetime parole is also possible in some states for violent habitual offenders.

Can a Felony Assault Be Reduced to a Misdemeanor?

In rare cases, prosecutors may agree to reduce felony aggravated assault charges to a misdemeanor through a plea bargain. This typically involves pleading guilty to simple assault in exchange for a lighter sentence.

Misdemeanor assault carries a jail term of less than 1 year rather than multi-year prison sentences. And misdemeanors do not result in the same felony record and post-release restrictions.

However, reducing a violent felony assault to a misdemeanor almost always requires extenuating circumstances. For example:

• Minimal injuries and use of force
• Genuine remorse and cooperation
• No prior criminal history
• Weapon involved was not inherently deadly
• Understandable provocation like domestic arguments

Without such mitigating factors, prosecutors rarely budge from felony aggravated assault charges carrying guaranteed prison time proportionate to the crime.

Can Felony Probation be Issued Instead of Jail Time?

Judges occasionally order felony probation where the defendant avoids incarceration but must adhere to strict supervision for 1-5 years. Intensive felony probation requires:

• No further violations of law
• Remaining in a local jurisdiction
• Regular meetings with a probation officer
• Drug/alcohol treatment
• Mental health counseling
• Payment of fines, fees, restitution
• Banned possession of weapons

Felony probation instead of jail is very rare for aggravated assault. But it may result from:

• Defendant acted in perceived self-defense (that exceeded legal limits)
• Misidentification of the defendant
• Extenuating mental health or self-defense related circumstances
• Victim requests leniency

With felony probation violations, the court can revoke probation and impose the full prison term.

What is the Statute of Limitations for Aggravated Assault?

Statutes of limitation restrict how long after an alleged crime prosecutors can file charges. This limit ranges for aggravated assault:

• 5 years – Most common statutes of limitation for felony aggravated assault. Prosecution must begin within 5 years.
• 3 years – A few states have a 3 year limit.
• No limit – About 10 states have no limitation if there is DNA evidence for violent felonies including aggravated assault.

The clock starts at the time of the alleged assault. If police fail to identify a suspect and file charges within the time limit, the statute of limitations permanently bars prosecution, even if the perpetrator is eventually discovered.

Extended statutes exist for cases with aggravated circumstances like child victims, conspiracy, or terrorism. Statutes of limitation rarely prevent prosecution of violent crimes solved reasonably soon after occurrence.

What is the Average Civil Settlement for Aggravated Assault?

Victims who suffer physical injury and other damages from an assault can pursue compensation through a civil lawsuit against the perpetrator. Compensation amounts vary based on:

• Medical expenses – Both current treatment and projected lifelong costs
• Lost income and benefits – From missed work and diminished earning capacity
• Pain and suffering – Monetary compensation for physical and emotional trauma
• Punitive damages – Additional amounts to punish egregious wrongful behavior

Average civil settlements range from $15,000 to $75,000 depending on the above factors. Severe assaults warrant settlements exceeding $100,000 or more when victims sustain permanent disability and serious financial harm.

Can You Claim Self-Defense If Charged With Assault?

Defendants accused of assault, even aggravated assault, can argue they acted in lawful self-defense or defense of others. Key elements of a valid legal self-defense claim include:

• Reasonable fear of death/injury – A reasonable belief that the assailant will cause imminent severe harm.
• No option for safe retreat – No ability to safely avoid the confrontation and flee instead.
• Proportional force – Only the degree of force reasonably necessary to repel the attack.
• No provocation – Did not provoke or instigate the confrontation.

The defense must establish these factors based on the circumstances. Self-defense does not allow retaliation after the threat subsides. And use of excessive force beyond what is reasonable and necessary will still constitute aggravated assault.

Is There Any Way to Avoid Prison for Aggravated Assault?

There are a few circumstances where a defendant can potentially avoid serving an active prison sentence for aggravated assault:

• Invalidated evidence – Illegally obtained evidence leading to acquittal or dismissed charges.
• Misidentification – Mistaken identity resulting in dropped charges.
• Self-defense – Convincing claim of lawful self-defense or defense of others.
• Insanity plea – Found not guilty by reason of insanity leading to psychiatric commitment.
• Diplomatic/sovereign immunity – Defendants with immunity avoid prosecution and punishment.

However, these situations are exceptions. For most valid aggravated assault cases, convicted offenders receive substantial prison sentences with few ways to avoid incarceration completely.

What Should I Do if Charged With Aggravated Assault?

If arrested for aggravated assault, it is vital to:

• Remain silent and only speak to an attorney. Anything said can be used against you.
• Hire an experienced criminal defense attorney. Do not rely on a public defender.
• Follow your lawyer’s advice at all stages. Prepare your legal defense.
• Avoid social media about your case and contacts with witnesses.
• Request reasonable bail or pretrial supervision if jail is likely.
• Consider options like plea bargains, but consult your attorney.
• Admit nothing and compel the prosecution to prove every element.

An aggressive criminal defense lawyer is essential to negotiate the lowest charges and penalties possible. Preparation and legal strategy can help avoid the worst outcomes.

What Are Some Defenses to Aggravated Assault?

Common legal defenses to aggravated assault charges include:

• Self-defense – Arguing the use of force was necessary and reasonable to protect against harm. One of the strongest counter arguments.
• False accusations – No assault occurred and the defendant is falsely accused due to a grudge or mistaken identity. Puts the burden on prosecutors.
• Provocation – Admitting to assault but arguing it was provoked by the victim’s threatening actions. Can reduce charges/sentences.
• Intoxication – Being extremely impaired by substances shows lack of intent to commit assault. Rarely completely acquits defendants.
• Insanity – Defendants were mentally unable to understand their actions or know right from wrong. May lead to psychiatric committal.

There are also procedural defenses around issues with evidence, searches, interrogations, and technical errors in filing charges. An experienced criminal attorney can evaluate defenses.

What Should I Do After a Conviction?

Potential next steps after an aggravated assault conviction include:

• Appeal the verdict – Look for any viable procedural errors, wrongly excluded evidence, ineffective counsel, or lack of proof that could overturn the conviction.
• Request probation – Argue for intensive supervised probation as an alternative to incarceration in limited circumstances.
• Seek plea bargain – Negotiate for lesser included charges like simple assault to reduce sentence length.
• Petition for early release – Model behavior in prison showing rehabilitation can lead to parole eligibility before sentence completion.
• File civil appeal – Contest any monetary judgements awarded to victims for damages resulting from the assault.
• Serve the time – In many cases, accepting the sentence and serving the prison term while staying out of trouble is the only viable option. Work toward early release.

An attorney can advise on options, but overturning convictions or significantly reduced sentences is difficult after aggravated assault verdicts.

What is Considered Aggravated Assault in States?

While statutes vary, common state laws defining aggravated assault as a serious violent felony include:

State	Definition of Aggravated Assault
California	Assault with a deadly weapon or force likely to cause great bodily injury.
Florida	Assault with a deadly weapon without intent to kill or assault causing great bodily harm, disability or disfigurement.
New York	Assault intended to cause seriously physical injury, with a weapon, or resulting in serious injury.
Texas	Assault causing