Aggravated Assault: Charges and Penalties in Bismarck, ND
Aggravated assault is a serious criminal charge in North Dakota, involving the intentional or reckless infliction of severe bodily harm or the use of a dangerous weapon. If you’re facing aggravated assault charges in Bismarck, ND, understanding the law, potential penalties, and the consequences of a conviction is essential. Defending yourself against these charges requires the expertise of an experienced criminal defense attorney.
What is Aggravated Assault Under North Dakota Law?
Under North Dakota Century Code Section 12.1-17-02, aggravated assault occurs when a person:
- Willfully causes serious bodily injury to another person;
- Knowingly causes bodily injury or substantial bodily injury using a dangerous weapon;
- Causes bodily injury or substantial bodily injury while attempting to inflict serious bodily injury on another person; or
- Fires a firearm or hurls a destructive device at another person.
Subsection 2 Aggravated Assault
Aggravated assault is elevated to a Class B felony if:
- The victim is under twelve years old;
- The victim is a peace officer or correctional institution employee acting in an official capacity, and the actor knows this; or
- The victim suffers permanent loss or impairment of a bodily function, organ, or member.
Penalties for Aggravated Assault in North Dakota
The penalties for aggravated assault depend on the classification of the offense, which is determined by the circumstances surrounding the incident and the injuries inflicted.
Class C Felony
- Imprisonment: Up to five years.
- Fines: Up to $10,000.
This is the typical classification for aggravated assault, except in cases involving aggravated factors outlined in subsection 2.
Class B Felony
- Imprisonment: Up to ten years.
- Fines: Up to $20,000.
A Class B felony charge applies when factors such as the victim’s age, occupation, or the permanent impairment of a body part or function are present.
Mandated Intervention Program for Domestic Violence Offenders
If aggravated assault is committed against an intimate partner (which includes a spouse, former spouse, dating partner, or someone with whom the offender shares a child), the court must order the offender to complete a domestic violence offender assessment and intervention program. The court cannot mandate anger management classes unless a domestic violence intervention program is not available. This mandatory program aims to reduce recidivism and rehabilitate offenders.
Probation Information
For Class C felonies, probation can last up to five years, while for Class B felonies, probation may extend for longer periods. Conditions of probation may include participation in intervention programs, counseling, and regular meetings with a probation officer. Violations of probation conditions can lead to additional penalties, including imprisonment.
Firearm Possession Restrictions
A conviction for aggravated assault, whether it’s a Class B or Class C felony, can impact your right to possess firearms. Under Section 62.1-02-01, individuals convicted of violent felony offenses are prohibited from owning or possessing a firearm for ten years following the conviction or after release from incarceration, parole, or probation. Additionally, if the offense was committed using a firearm, possession of firearms is restricted for five years from the date of conviction or release.
Full Language of North Dakota Century Code Section 12.1-17-02: Aggravated Assault
Here is the complete text of Section 12.1-17-02:
North Dakota Century Code Section 12.1-17-02: Aggravated Assault
- Except as provided in subsection 2, a person is guilty of a class C felony if that person: a. Willfully causes serious bodily injury to another human being; b. Knowingly causes bodily injury or substantial bodily injury to another human being with a dangerous weapon; c. Causes bodily injury or substantial bodily injury to another human being while attempting to inflict serious bodily injury; or d. Fires a firearm or hurls a destructive device at another human being.
- The person is guilty of a class B felony if the person violates subsection 1 and the victim: a. Is under twelve years of age; b. Is a peace officer or correctional institution employee acting in an official capacity; or c. Suffers permanent loss or impairment of the function of a bodily member or organ.
Defenses for Aggravated Assault Charges
If you are charged with aggravated assault, several defenses may apply depending on the circumstances:
- Self-Defense: You may argue that you acted to protect yourself from imminent harm. The level of force used must be proportionate to the perceived threat.
- Defense of Others: If you acted to protect another individual from serious harm, this can serve as a valid defense.
- Accidental Injury: If the injuries were accidental and there was no intent to cause harm, this may reduce the charges.
- False Accusations: In some cases, aggravated assault charges may arise from false allegations. Proving that the accusations are unfounded could lead to a dismissal of the charges.
- Lack of Weapon or Serious Injury: If it can be shown that no weapon was used or that the injuries sustained were not serious, the charge could be reduced.
How Aggravated Assault Charges Can Arise in Practical Situations
Aggravated assault can arise from various situations, including:
- Bar Fights: Physical altercations that escalate into serious injury or involve the use of a weapon can lead to aggravated assault charges.
- Domestic Disputes: Arguments between family members or intimate partners that result in the use of a dangerous weapon or cause severe injury can lead to this charge.
- Road Rage Incidents: Aggressive encounters on the road that turn physical, especially if a firearm or other dangerous weapon is involved, can result in aggravated assault charges.
Importance of Hiring a Criminal Defense Attorney in Bismarck
If you are facing aggravated assault charges in Bismarck, ND, having an experienced criminal defense attorney is crucial. A defense lawyer can:
- Review the Evidence: Your attorney will gather and analyze all evidence, including witness statements, medical reports, and surveillance footage, to build a strong defense.
- Challenge the Charges: A skilled lawyer can challenge the prosecution’s case, demonstrating self-defense, lack of intent, or other mitigating factors.
- Negotiate with Prosecutors: In some cases, your attorney may negotiate a reduced charge or lesser penalty, helping to minimize the long-term impact of a conviction.
Frequently Asked Questions About Aggravated Assault in North Dakota
What is the penalty for aggravated assault in North Dakota?
Aggravated assault is typically a Class C felony, carrying a penalty of up to five years in prison and a $10,000 fine. If aggravating factors are present, such as the victim being under 12 or a peace officer, it can be elevated to a Class B felony, with a maximum sentence of ten years and a $20,000 fine.
Can aggravated assault charges be reduced?
Yes. Depending on the circumstances, charges may be reduced through plea negotiations or if it is shown that no weapon was used or that the injury was not as severe as initially claimed.
Is probation available for aggravated assault convictions?
Yes, probation is an option for some aggravated assault cases. For a Class C felony, probation can last up to five years. For a Class B felony, it may be longer depending on the court’s decision.
What is the difference between aggravated assault and simple assault?
Simple assault generally involves less serious injuries and does not involve the use of a weapon. Aggravated assault involves serious bodily injury or the use of a dangerous weapon, making it a more severe charge.
Will I lose my right to own a firearm if convicted of aggravated assault?
Yes. If convicted of aggravated assault, you are prohibited from owning or possessing a firearm for ten years if it’s a Class B felony, or for five years if a firearm was used in the crime.
Can I claim self-defense in an aggravated assault case?
Yes. If you were defending yourself or another person from imminent harm, you may claim self-defense, provided the level of force was reasonable and proportionate.
How long will an aggravated assault charge stay on my record?
A conviction for aggravated assault will remain on your criminal record indefinitely unless you take steps to have it expunged, which may not be possible in all cases.
Can I be charged with aggravated assault if no one was seriously injured?
Yes. Aggravated assault charges can still apply if there was an attempt to cause serious injury or if a weapon was used, even if the injury was not severe.
What happens if I violate probation after being convicted of aggravated assault?
Violating probation can lead to additional penalties, including serving the remainder of your prison sentence.
How can a defense attorney help in an aggravated assault case?
A defense attorney will help by gathering evidence, challenging the prosecution’s case, negotiating plea deals, and representing you in court to ensure the best possible outcome for your case.