Assault: Charges and Penalties in Bismarck, ND
Assault charges in North Dakota can lead to serious legal consequences. Understanding the specific definitions and penalties related to assault is critical if you’re facing charges in Bismarck, ND. This article explains the law, the different levels of bodily injury, and how assault charges are classified.
What is Assault Under North Dakota Law?
North Dakota Century Code Section 12.1-17-01.1 defines assault as the act of willfully causing substantial bodily injury to another person. Assault can involve physical violence or harmful actions that result in injury.
Types of Bodily Injuries
The following definitions are used to classify the different levels of injury under North Dakota law:
- Bodily Injury: This refers to any impairment of physical condition, including physical pain. Even minor injuries that cause pain or discomfort may be classified as bodily injury.
- Substantial Bodily Injury: This is a more serious level of injury that involves substantial temporary disfigurement, loss, or impairment of the function of any bodily member or organ.
- Serious Bodily Injury: This level of injury creates a substantial risk of death or causes serious permanent disfigurement, unconsciousness, extreme pain, permanent loss or impairment of a bodily organ or member, or a bone fracture. It also includes any impediment of airflow or blood flow to the brain or lungs.
Dangerous Weapons and Destructive Devices
Assault charges can be more severe if a dangerous weapon or destructive device is used. The definitions of these items include:
- Dangerous Weapon: This includes knives, machetes, firearms, metal knuckles, BB guns, air rifles, and CO2 guns. Anything that can expel a projectile, such as a gun or cannon, is also considered a dangerous weapon.
- Destructive Device: This refers to explosives, bombs, grenades, or other devices capable of causing widespread damage or harm.
Penalties for Assault in North Dakota
Assault charges vary depending on the severity of the injury inflicted and whether a weapon or destructive device was involved.
Class A Misdemeanor
- Imprisonment: Up to 360 days.
- Fines: Up to $3,000.
This classification applies when the assault results in substantial bodily injury but does not meet the criteria for a felony.
Class C Felony
- Imprisonment: Up to five years.
- Fines: Up to $10,000.
Assault is elevated to a Class C felony when the injury is severe enough to be classified as serious bodily injury, or if a dangerous weapon was used during the assault.
Probation Information
For Class A misdemeanors, probation can last up to two years, while for Class C felonies, probation can last up to five years. Probation conditions may include mandatory counseling, community service, and regular meetings with a probation officer. Violating probation can lead to further imprisonment or fines.
Full Language of North Dakota Century Code Section 12.1-17-01.1: Assault
Here is the full text of the statute:
North Dakota Century Code Section 12.1-17-01.1: Assault
- A person is guilty of assault if the person: a. Willfully causes substantial bodily injury to another human being.
- An assault under this section is: a. A Class A misdemeanor unless the circumstances are elevated by aggravating factors. b. A Class C felony if the assault results in serious bodily injury or the use of a dangerous weapon.
Firearm Possession Restrictions
A conviction for assault, particularly if it’s classified as a Class C felony, may lead to a loss of firearm rights under Section 62.1-02-01. If convicted of a violent felony, you may be prohibited from owning or possessing firearms for ten years from the date of conviction or release from incarceration, parole, or probation, whichever is later. For certain misdemeanors involving violence, this restriction lasts five years.
Defenses for Assault Charges
If you are facing assault charges, there are several defenses available that may apply to your case:
- Self-Defense: You may argue that you acted in self-defense or defense of another person to prevent harm. The force used must be proportional to the threat faced.
- False Allegations: Assault charges can sometimes arise from false accusations, especially in emotionally charged situations. Your defense attorney will work to expose any inconsistencies in the accuser’s testimony.
- Lack of Intent: The prosecution must prove that the assault was intentional. If the injury was accidental or there was no intent to cause harm, the charges may be reduced or dismissed.
How Assault Charges Can Arise in Practical Situations
Assault charges can result from many different scenarios, including:
- Physical Fights: In many cases, a physical altercation between individuals can lead to assault charges if one party sustains substantial or serious bodily injury.
- Use of Weapons: If a dangerous weapon, such as a knife or firearm, is involved, the charges may be elevated to a felony, even if no serious injury occurs.
- Self-Defense Claims: In some situations, the accused may claim they acted in self-defense during a confrontation.
Importance of Hiring a Criminal Defense Attorney in Bismarck
If you are charged with assault in Bismarck, ND, having an experienced criminal defense attorney can significantly impact the outcome of your case. A skilled defense lawyer can:
- Analyze the Evidence: Your attorney will examine the details of your case, including witness testimony, police reports, and any physical evidence, to build a strong defense.
- Challenge the Allegations: Assault charges may be based on misleading or false information. Your attorney will work to challenge these claims and seek the best possible outcome.
- Negotiate for Reduced Charges: In some cases, your defense attorney can negotiate for a lesser charge or a plea deal, especially if this is your first offense or the injury is minor.
Frequently Asked Questions About Assault in North Dakota
What is the difference between bodily injury and serious bodily injury?
Bodily injury refers to any impairment of physical condition, including pain, while serious bodily injury involves more severe harm, such as permanent disfigurement, extreme pain, or a substantial risk of death.
What are the penalties for assault in North Dakota?
Assault is a Class A misdemeanor if it results in substantial bodily injury, with penalties of up to 360 days in jail and fines of up to $3,000. If the assault causes serious bodily injury or involves a dangerous weapon, it can be classified as a Class C felony, punishable by up to five years in prison and $10,000 in fines.
Can an assault charge be reduced?
Yes. Depending on the circumstances, an assault charge can be reduced through plea negotiations or if the defense proves that the injury was not severe or was the result of an accident.
Is probation available for assault convictions?
Yes, probation is possible for both misdemeanors and felonies. For misdemeanors, probation may last up to two years, while for felonies, it can last up to five years.
Can I lose my firearm rights if convicted of assault?
Yes. If convicted of a violent felony, such as assault involving serious bodily injury or a dangerous weapon, you may lose your right to possess firearms for up to ten years. For certain misdemeanor convictions, the restriction lasts five years.
What should I do if falsely accused of assault?
If you have been falsely accused, it is essential to gather evidence that supports your innocence. Your defense attorney will work to discredit the false claims and present evidence in your favor.
How can a defense attorney help in an assault case?
A defense attorney can investigate the incident, challenge the evidence, and negotiate with prosecutors to reduce or dismiss the charges. They will represent you in court and work to achieve the best possible outcome for your case.