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Misdemeanor vs Felony Assault.

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Caduceus_max50

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Posted over 6 years ago

 

I would like to know what diffentiates, in your state, the difference between Misdemeanor and Felony Assault?


Quis custodiet ipsos custodes.
Troll Hunter, "Doc", LEO Supporter.
It's not the falling down, it's the staying down.

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headbrer says ...



I would like to know what diffentiates, in your state, the difference between Misdemeanor and Felony Assault?



Doc,


   New Jersey has Offenses and Crimes. We have simple assault which is a disorderly or petty disorderly offense. As for Felong Assault, that is Aggravated Assault and it varies on the degree of injury and the criminal intent. And usually our wonderful Prosecutor's Office will down grade an Aggravated Assault to a DP. Also, a simple assault committed against a cop is automatically upgraded to a Crime. However again in all my years if you weren't stabbed, shot or hospitalized with severe injuries the Prosecutor's office would down grade it. It was a real popular decision with us cops as you can imagine. You just about have to kill someone here to get Agg. Assault charges filed because it's too much trouble in the PO's office to go to grand jury or trial unless it's a slam dunk. I suspect they like to keep their conviction rates up there as a badge of merit. So cops here are somewhat expendable so they keep up the numbers sham. THIS IS JUST MY PERSONAL OPINION AFTER BEING STABBED, SHOT AT AND HOSPITALIZED SEVERAL TIMES AND DOES NOT REFLECT ANY NEGATIVITY ON THE LEAD LAW ENFORCEMENT AGENCY IN MY COUNTY. (NOT!).

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Rate This | Posted over 6 years ago

 

You tell me. As a cop I was shot at, hit by a drunk driver (not my vehicle, Me), Broken hand, my partner broken nose knived and no felony charges against anyone. Broke a finger cuffing a guy who was resisting and he got to spend 2 years in the state lcokup. go figure. You would rally have to ask a lawyer as far as I know Doc. Book says one thing prosecutors say another.

Caduceus_max50

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Gee, I wonder why that is?  (See, a question :-}} )


Gentlemen - That Sucks.


Quis custodiet ipsos custodes.
Troll Hunter, "Doc", LEO Supporter.
It's not the falling down, it's the staying down.

Airborne_max50

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Rate This | Posted over 6 years ago

 

Here in Florida we have assault (the threat of physical violence) and battery (the unlawful touching of another person). Simple (misdemeanor) battery is elevated to felony status when it involves serious bodily injury or some type of weapon (aggravated battery). This explanation is simplistic and can be further expounded upon if needed.


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rsteade says ...



Here in Florida we have assault (the threat of physical violence) and battery (the unlawful touching of another person). Simple (misdemeanor) battery is elevated to felony status when it involves serious bodily injury or some type of weapon (aggravated battery). This explanation is simplistic and can be further expounded upon if needed.



What he said plus it upgrades to a felony if the vict is a cop, emt, firefighter, school official, over 65 yoa, etc.

Cot_max50

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rsteade says ...



Here in Florida we have assault (the threat of physical violence) and battery (the unlawful touching of another person). Simple (misdemeanor) battery is elevated to felony status when it involves serious bodily injury or some type of weapon (aggravated battery). This explanation is simplistic and can be further expounded upon if needed.



pretty much the same here in Tennessee BUT some of the judges wont allow assault on an officer.  they just keep it as assault.  they say, and i quote, "its part of our job".  so assault on an officer and assault on a civilian is the same.  upgraded to a felony with serious injury or if a weapon is used. also, with our glorious DA's office, you can pretty much guarantee that if the victim is still breathing, its getting dropped back down to a misdemeanor.


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hcgale says ...



rsteade says ...



Here in Florida we have assault (the threat of physical violence) and battery (the unlawful touching of another person). Simple (misdemeanor) battery is elevated to felony status when it involves serious bodily injury or some type of weapon (aggravated battery). This explanation is simplistic and can be further expounded upon if needed.



pretty much the same here in Tennessee BUT some of the judges wont allow assault on an officer.  they just keep it as assault.  they say, and i quote, "its part of our job".  so assault on an officer and assault on a civilian is the same.  upgraded to a felony with serious injury or if a weapon is used. also, with our glorious DA's office, you can pretty much guarantee that if the victim is still breathing, its getting dropped back down to a misdemeanor.



We get that too from not just the judges, but the prosecutors who refuse to file the charge because "It's part of your job".  If someone spat or hit them, then their would be a case, but since it's us, then we are required to take it.  Bitter pill to swallow

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Rate This | Posted over 6 years ago

 

In Indiana you have to have serious bodily injury to constitute felony assault (for civilians).  It is also a felony if it is done with a "deadly weapon," such as a knife, gun, baseball bat, etc.  If you assault a Police Officer in Indiana and there is even a scratch on the Officer it is a Felony....we have crappy prosecutor, so it hardly ever gets charged though.

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RetiredCop says ...



Doc,


However again in all my years if you weren't stabbed, shot or hospitalized with severe injuries the Prosecutor's office would down grade it. It was a real popular decision with us cops as you can imagine. You just about have to kill someone here to get Agg. Assault charges filed because it's too much trouble in the PO's office to go to grand jury or trial unless it's a slam dunk. I suspect they like to keep their conviction rates up there as a badge of merit. So cops here are somewhat expendable so they keep up the numbers sham. THIS IS JUST MY PERSONAL OPINION AFTER BEING STABBED, SHOT AT AND HOSPITALIZED SEVERAL TIMES AND DOES NOT REFLECT ANY NEGATIVITY ON THE LEAD LAW ENFORCEMENT AGENCY IN MY COUNTY. (NOT!).



Ain't that the friggin truth.  New Jersey sucks when it comes to protecting their cops.  I've been assaulted on various occasions by both suspects with and without some kind of weapon and it really doesn't matter because the prosecutor's office doesn't give two sh*ts about it.  It's bad enough to have a solid case against any scumbag get downgraded and see their charges get merged together but when we are the victim and they do it.....That's just downright horseshit!!!!   Henry, I am however glad to no it's not just in my county because all these years I thought it was just our prosecutor's office that was a waste of space and poor use of valuable oxygen.  God forbid however, let someone video one of them get a little smack back from us after they kick one of us in the head then you will see action from the P.O.'s office when they come after your job!!!  Simply Amazing.


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The_wall_max50

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Rate This | Posted over 6 years ago

 

In New York, you must have "Serious Physical Injury," depending what county you are in, the level of "Serious," is to be determined.  Some places have a  unoffical "Stich Count", to define the level.


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headbrer says ...



I would like to know what diffentiates, in your state, the difference between Misdemeanor and Felony Assault?



Serious physical injury or death, or the risk of serious physical injury or death.


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Caduceus_max50

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Good Lord!  Seems to me if the prosecutors and judges would just ENFORCE the law then your job would be more effective.


Quis custodiet ipsos custodes.
Troll Hunter, "Doc", LEO Supporter.
It's not the falling down, it's the staying down.

Airborne_max50

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Rate This | Posted over 6 years ago

 

It all comes down to dollars...our state attorney explained it this way...we (LEO) make y-thousands of arrests each year in Palm Beach County, but I have the budget to prosecute only x-hundred of those arrests, all others must either be plead down or nolle prossed.I can only imagine that judges are under similar fiscal restraints. It starts to get aggravating after a while because you end up arresting the same people over and over again and, as an added bonus, the public is too stupid to understand this small but important salient fact of the criminal justice system so they blame us for all the criminals on the street.


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headbrer says ...



Gee, I wonder why that is?  (See, a question :-}} )


Gentlemen - That Sucks.



The criminal justice system is comprised of many factions, the police, the jails , the courts, the families, the victims the criminal. Ususally it's because of lazy lawyers swamped in an overwhelmed court system that will plead down anything to get a person to plead guilty to clear the slate. Of course, when the suspect walks because of the lousy court system, the victim doen't blame the court, the cops are the guilty ones. One must remember that within this system, the job of the police officer is to investigate the crime, collect the evidence and arrest the suspect. Once he has submitted all this HE DID HIS JOB. If some other part of the "Criminal Justice System" breaks down, that part should take the blame, not the cop who did his job! Basically, any cop on this site will tell you that the "system" is a complete joke and is severly "broken". And it is NOT the cop who broke it! This of course, is just my humble opinion and does not reflect the opinions of the other officers on this site (unless they agree).

Img_1288_max50

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Rate This | Posted over 6 years ago

 

well here in TX as you can digure we have Class C - Assualt by Threat/Contact adn it  goes up from there....we are one of a few counties in TX that have to "screen" all our Felony cases through or DA's Office...adn i tell ya its not hard to have a 98% conviction rate when you only accept 2% of the cases that are brought to you.........i mean seriously on one occasion an Agg Assualt With Deadly Weapon was turned away for....and this is exactly what he wrote on teh refusal...."the knife didnt go in far enough" i ask you how far is far enough...this one was about 1/2 in or more........


and on another ocassion i had a LT tell me i couldnt file on a juvenile for assaulting me in a fight cuz i had "no visible injuries" ....hows tha tofr a kick in the pants.........and i fought that lil bastard for bout 4minutes till help arrived....one big SOB for being 16..(5'11" 265lbs) oh well i guess him goin to the hospital was the LT's view of justice........


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rghstkcwby says ...



well here in TX as you can digure we have Class C - Assualt by Threat/Contact adn it  goes up from there....we are one of a few counties in TX that have to "screen" all our Felony cases through or DA's Office...adn i tell ya its not hard to have a 98% conviction rate when you only accept 2% of the cases that are brought to you.........i mean seriously on one occasion an Agg Assualt With Deadly Weapon was turned away for....and this is exactly what he wrote on teh refusal...."the knife didnt go in far enough" i ask you how far is far enough...this one was about 1/2 in or more........


and on another ocassion i had a LT tell me i couldnt file on a juvenile for assaulting me in a fight cuz i had "no visible injuries" ....hows tha tofr a kick in the pants.........and i fought that lil bastard for bout 4minutes till help arrived....one big SOB for being 16..(5'11" 265lbs) oh well i guess him goin to the hospital was the LT's view of justice........



Bell County DA and CA sure have changed.  I worked their in the 80's and I usually had all my cases accepted.  All but one whe a drunk got behind me and started pulling on my holstered gun.  The DA told the Detective that because the guy didn't say he was going to shoot me I couldn't press charges for 38.14.


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Evil_max50

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Rate This | Posted over 6 years ago

 

WA has 4 degrees of assault. 4th is a gross misdemeanor 1-3 are class A-C felonies.  THe level of injury determines the degree of assault or the manner in which the assault occurred (ie: an assault with a deadly weapon regardless of injury is an assault 1).  Assault 3rd is what we call the protected species.  Assaulting the Police, Bus drivers and a few other regardless of injury is a C felony (but good luck getting the prosecutor to charge that for a simple assault on an officer in some areas).  For some reason the legislature forgot to include corrections officers in that so they added custodial assault which is also a C felony.


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Rate This | Posted over 6 years ago

 

yea its to the point ya never know if they goin to take it or not.... no matter how "locked up" it is


John 15:13; " Greater love hath no man than this, that he lay down his life for his Friends.."

We few, we happy few, we band of brothers; For he to-day that sheds his blood with me shall be my brother....

Lord, keep Your arm around my shoulder and Your hand over my mouth .

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Rate This | Posted over 6 years ago

 

Does simple assault on a police officer result in a definite felony charge? If a cop claims that a person, :"took a swing at them", but never connected at all (no bodily damage, period), will a prosecutor charge it as a felony or a misdemeanor?


 

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Rate This | Posted about 6 years ago

 

"COPS ONLY"


I have a question. I am going to college right now pursuing a Social Work degree and then plan on becoming a police officer, and then hopefully become a probabtion or parole officer someday. I play college baseball, have had a stable job for 5 years, got straight A's in high-school and have been on the deans list my first year of college. Up until last night, my record has been immaculate. However, I made the decision to do something stupid. I was at a small party outside (not drunk) but holding a cup with beer in it and a police officer pulled over. I saw him and did not run away or hassle him in any way. I was cooperative and admitted to be drinking (underage) but let him know that I just got off the phone with a friend who was coming to pick me up (since I would not even consider getting into a car).  I ended up getting a MIP misdemeanor.


I am wondering how this one-time screw up on my part is going to affect my goals of becoming a police officer.


Thanks

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Rate This | Posted almost 6 years ago

 

In Alabama, it depends on how bad they where hurt. If you used a weapon and if anything was broken or if say they beat the guys leg with a bat, now he is unable to use his leg.

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Rate This | Posted almost 6 years ago

 

 In CT   with have three degrees of assault.       The variance between them in the amount of injury, means of injury, and the victim.    Assault third is a misdemeanor.  Assault 2nd and 1st are felonies.  That are attachments to each crime which carry minimum mandatories.   

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Rate This | Posted over 5 years ago

 

I know the law, there is no difference between right and wrong. In my state, North Carolina and any state I believe it is our job to put the wrongdoer in front of the judge and to be honest whatever the charge is especially misdemeanors will be pled out or reduced to a lesser charge. Before the case is even put in front of the judge, by the DA (ADA)and defense lawyer. The way we articulate what has happened in the report and in court will have alot to do with what the actual consequences for actions will be to the subject at hand. We do the best we can with what we have got.
SC

Thin_blue_line_max600_1__max50

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Rate This | Posted over 5 years ago

 

Guys you know what I meant, You have right on one hand and wrong on the other, With no grey area, grey is B.S.
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Rate This | Posted almost 5 years ago

 

In Texas we have just regular assault and aggravated assault.  Assault on its face is a misdemeanor depending if it's by contact or if there is any bodily injury.  There are several enhancements that might bump it from a misdemeanor to a felony (assault LE, EMS, etc).  Aggravated assault is always a felony and is an assault that causes serious bodily injury, places someone in fear of their life, or if a deadly weapon is used/exhibited.