Assault Laws and Penalties by State (2026)
How each state charges assault and the maximum penalties, from each state criminal code.
| State | Assault |
|---|---|
| Alabama | Simple assault (assault in the third degree) covers intentionally or recklessly causing physical injury to another person, or causing injury with a deadly weapon through criminal negligence; it is a Class A misdemeanor (up to one year in the county jail and a fine of not more than $6,000). Assault becomes a felony when it involves serious physical injury or a deadly weapon or dangerous instrument, or physical injury to protected workers such as police officers, firefighters, teachers, health care workers and letter carriers: assault in the second degree is a Class C felony (not more than 10 years or less than one year and one day; fine up to $15,000). Aggravated assault (assault in the first degree) covers intentionally causing serious physical injury with a deadly weapon or dangerous instrument, permanent disfigurement, extreme-indifference conduct, serious injury during certain felonies, or serious injury caused while driving under the influence; it is a Class B felony (not more than 20 years or less than two years; fine up to $30,000). Ala. Code 1975 §§ 13A-6-20, 13A-6-21, 13A-6-22, 13A-5-6, 13A-5-7, 13A-5-11, 13A-5-12 |
| Alaska | Alaska grades assault in four degrees. The basic offense, assault in the fourth degree, includes recklessly causing physical injury to another person or, by words or other conduct, recklessly placing another person in fear of imminent physical injury; it is a Class A misdemeanor (up to 1 year in jail and a fine up to $25,000). Assault in the third degree, a Class C felony (up to five years and a fine up to $50,000), includes recklessly placing someone in fear of imminent serious physical injury by means of a dangerous instrument, or causing injury with a weapon. Assault in the second degree (for example, intentionally causing physical injury with a dangerous instrument) is a Class B felony (up to 10 years, up to $100,000), and assault in the first degree (for example, recklessly causing serious physical injury with a dangerous instrument) is a Class A felony (up to 20 years, up to $250,000). AS 11.41.200(a)(1), 11.41.210(a)(1), 11.41.220(a)(1)(A), 11.41.230(a)(1), (a)(3) (Alaska Criminal Pattern Jury Instructions); AS 12.55.125, 12.55.135 |
| Arizona | Assault in Arizona is intentionally, knowingly or recklessly causing any physical injury to another person; intentionally placing someone in reasonable apprehension of imminent physical injury; or knowingly touching someone with intent to injure, insult or provoke. Intentionally or knowingly causing injury is a class 1 misdemeanor (up to six months in jail and a fine up to $2,500); recklessly causing injury is a class 2 misdemeanor (up to four months, up to $750); and threatening or offensive-touching assault is a class 3 misdemeanor (up to thirty days, up to $500). Assault becomes aggravated assault, a felony, when it causes serious physical injury or involves a deadly weapon or dangerous instrument (class 3 felony; class 2 if the victim is under fifteen), causes a fracture or substantial temporary disfigurement (class 4 felony), or is committed on a restrained victim, after entering a private home to commit the assault, by an adult on a child under fifteen, in violation of a protective order, or on a listed worker such as a teacher, health care worker or transit employee (class 6 felony). Assaults on peace officers and other first responders are graded higher. A.R.S. §§ 13-1203, 13-1204(A), (F), (G); 13-707; 13-802 |
| Arkansas | Arkansas grades assault (threatening or dangerous conduct, usually without injury) in degrees. Assault in the third degree, purposely creating apprehension of imminent physical injury in another person, is a Class C misdemeanor (up to 30 days, up to $500). Assault in the second degree, recklessly creating a substantial risk of physical injury, is a Class B misdemeanor (up to 90 days, up to $1,000). Assault in the first degree, recklessly creating a substantial risk of death or serious physical injury, or purposely impeding another person's breathing or blood circulation by pressure on the throat or neck or by blocking the nose or mouth, is a Class A misdemeanor (up to 1 year, up to $2,500). Aggravated assault, a Class D felony (up to 6 years, up to $10,000), includes purposely displaying a firearm and impeding or preventing another person's breathing or blood circulation (including by pressure on the chest for offenses on or after July 24, 2019). Ark. Code §§ 5-13-205, 5-13-206, 5-13-207, 5-13-204(a)(1)-(3); 5-4-401; 5-4-201 |
| California | Simple assault in California is an unlawful attempt, coupled with a present ability, to commit a violent injury on another person; no one needs to be touched or injured. Simple assault is a misdemeanor punishable by up to 6 months in county jail and/or a fine of up to $1,000 (higher fines apply when the victim is a peace officer, firefighter, emergency medical worker or other listed worker on duty). Assault with a deadly weapon other than a firearm, or by means of force likely to produce great bodily injury, can be charged as a misdemeanor or felony: 2, 3 or 4 years in state prison, or up to 1 year in county jail, and/or a fine of up to $10,000. Assault with a firearm can be charged as a misdemeanor or felony: 2, 3 or 4 years in state prison, or 6 months to 1 year in county jail, plus a fine of up to $10,000. Assault with a semiautomatic firearm is a felony carrying 3, 6 or 9 years in state prison. Cal. Penal Code §§ 240, 241(a), 245(a)(1), (a)(2), (a)(4), (b); CALCRIM No. 915 |
| Colorado | The basic assault charge in Colorado is assault in the third degree: knowingly or recklessly causing bodily injury to another person, or with criminal negligence causing bodily injury with a deadly weapon. It is a class 1 misdemeanor (up to 364 days in jail and a fine up to $1,000). Assault in the second degree, generally a class 4 felony (two to six years), includes intentionally causing bodily injury with a deadly weapon, intending bodily injury but causing serious bodily injury, recklessly causing serious bodily injury with a deadly weapon, and choking or smothering that causes bodily injury. Assault in the first degree, generally a class 3 felony (four to twelve years), includes intentionally causing serious bodily injury with a deadly weapon and intentionally causing serious permanent disfigurement. Both felony degrees drop to a lower class when committed in a sudden heat of passion caused by serious provocation. C.R.S. §§ 18-3-202(1), (2); 18-3-203(1)(b), (d), (g), (i), (2); 18-3-204(1), (3) |
| Connecticut | Connecticut grades assault by degree. Assault in the third degree (intentionally causing physical injury, recklessly causing serious physical injury, or negligently injuring someone with a deadly weapon, dangerous instrument or electronic defense weapon) is a Class A misdemeanor, punishable by up to one year in jail and a $2,000 fine. Assault in the second degree, a Class D felony (up to five years), or a Class C felony (one to ten years) if the offense resulted in serious physical injury, covers intentionally causing serious physical injury, injuring someone with a deadly weapon or dangerous instrument, drugging someone without consent, or striking or kicking the head of a person who is lying down. Assault in the first degree is a Class B felony (one to twenty years) and includes intentionally causing serious physical injury with a deadly weapon or dangerous instrument, serious and permanent disfigurement, and injuring someone by discharging a firearm; five years of the sentence cannot be suspended when a deadly weapon or dangerous instrument is used, and ten years when the victim is under ten or a known witness. Conn. Gen. Stat. §§ 53a-59, 53a-60, 53a-61, 53a-35a, 53a-36, 53a-41, 53a-42 |
| Delaware | Assault in the third degree, intentionally or recklessly causing physical injury to another person (or negligently injuring someone with a deadly weapon or dangerous instrument), is a Class A misdemeanor, punishable by up to 1 year and a $2,300 fine. Assault in the second degree is a Class D felony (up to 8 years); it covers recklessly or intentionally causing serious physical injury, causing injury with a deadly weapon or dangerous instrument, and injuring protected victims such as police officers, firefighters, health-care workers, people 62 or older, pregnant women and children under 6. Assault in the first degree, a Class B felony (2 to 25 years), includes intentionally causing serious physical injury with a deadly weapon or dangerous instrument, permanent disfigurement, and causing serious physical injury during a felony. Threatening someone by movement or display of a weapon to put them in fear of imminent injury is the separate offense of menacing. 11 Del. C. §§ 611, 612, 613, 4205(b), 4206 |
| District of Columbia | Simple assault, unlawfully assaulting or threatening another person in a menacing manner, is punishable by up to 180 days in jail, a fine, or both. If the assault intentionally, knowingly or recklessly causes significant bodily injury (such as a broken bone, an injury needing hospital treatment or stitches, a second-degree burn, or any loss of consciousness), the maximum is 3 years. Aggravated assault, knowingly or purposely causing serious bodily injury (substantial risk of death, protracted disfigurement or loss of function, a third-degree burn, a gunshot wound), or causing it through conduct showing extreme indifference to human life, is punishable by up to 10 years; attempted aggravated assault carries up to 5 years. Committing a crime of violence while armed can add up to 30 more years, with mandatory minimums for firearms. D.C. Code §§ 22-404(a), 22-404.01, 22-4502 |
| Florida | In Florida, assault is an intentional, unlawful threat by word or act to do violence to another person, with an apparent ability to carry it out, that creates a well-founded fear the violence is imminent; no touching is needed. Simple assault is a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine. Aggravated assault, an assault with a deadly weapon without intent to kill or with intent to commit a felony, is a third-degree felony, punishable by up to 5 years in prison and a $5,000 fine. Assault committed in furtherance of a riot is a first-degree misdemeanor. Fla. Stat. §§ 784.011, 784.021, 775.082, 775.083 |
| Georgia | Simple assault is attempting 'to commit a violent injury to the person of another' or doing an act that 'places another in reasonable apprehension of immediately receiving a violent injury'; it is a misdemeanor, raised to a misdemeanor of a high and aggravated nature when committed on public transit, against a household member, a public school employee on duty, or a pregnant woman. A misdemeanor carries up to $1,000.00 and up to 12 months in jail (§ 17-10-3); a misdemeanor of a high and aggravated nature carries up to $5,000.00 and up to 12 months (§ 17-10-4). Aggravated assault is an assault with intent to murder, rape or rob; with a deadly weapon or an object likely to cause serious bodily injury; with an object likely to result in strangulation; or by firing a gun from a vehicle toward people. It is a felony punished 'by imprisonment for not less than one nor more than 20 years,' with higher minimums for certain victims. O.C.G.A. §§ 16-5-20(a)-(d), (f), (g); 16-5-21(a), (b); 17-10-3; 17-10-4 |
| Hawaii | Hawaii grades assault by the injury caused. Assault in the third degree, intentionally, knowingly or recklessly causing bodily injury (or negligently causing it with a dangerous instrument), is a misdemeanor (up to one year and $2,000), or a petty misdemeanor if it happened in a fight or scuffle entered into by mutual consent. Assault in the second degree, a class C felony (five years), includes causing substantial bodily injury, recklessly causing serious bodily injury, injuring someone with a dangerous instrument, and injuring protected workers such as correctional, school, emergency-room, health-care, fire and lifeguard personnel, or a person protected by a restraining order. Assault in the first degree, intentionally or knowingly causing serious bodily injury, or substantial bodily injury to a person 60 or older, is a class B felony (ten years). Haw. Rev. Stat. §§ 707-710, 707-711, 707-712, 706-640, 706-660, 706-663 |
| Idaho | Simple assault is an unlawful attempt, with apparent ability, to commit a violent injury on someone, or an intentional unlawful threat by word or act to do violence, with apparent ability, that creates a well-founded fear the violence is imminent. It is a misdemeanor punishable by a fine not exceeding $1,000, county jail not exceeding three (3) months, or both. Assault becomes aggravated assault, a felony, when it is committed with a deadly weapon or instrument (including any firearm, even unloaded), by any means or force likely to produce great bodily harm, or with vitriol, corrosive acid or a caustic chemical. Aggravated assault is punishable by up to five (5) years in state prison, a fine up to $5,000, or both. Idaho Code §§ 18-901, 18-902, 18-905, 18-906 |
| Illinois | Threatening someone so they reasonably fear being hit, without touching them, is called assault in Illinois. Assault is a Class C misdemeanor (up to 30 days in jail and a fine up to $1,500), and the court must also order 30 to 120 hours of community service where available. It becomes aggravated assault because of where it happens (such as a public way or place of worship), who the victim is (such as a person 60 or older, a teacher at school, a peace officer, firefighter or transit worker on duty), or how it is done (such as using a deadly weapon, wearing a mask, or discharging a firearm). Aggravated assault ranges from a Class A misdemeanor (less than one year in jail, fine up to $2,500) to a Class 4 felony (1 to 3 years) for, among others, assaults on peace officers, firefighters and EMS personnel or discharging a firearm, and a Class 3 felony (2 to 5 years) for discharging a firearm from a motor vehicle. 720 ILCS 5/12-1; 720 ILCS 5/12-2(a)-(d); 730 ILCS 5/5-4.5-65, -55, -45, -40 |
| Indiana | Indiana has no crime called assault; a physical attack is charged as battery. Battery is knowingly or intentionally touching another person in a rude, insolent or angry manner, a Class B misdemeanor (up to 180 days and a $1,000 fine); it is a Class A misdemeanor (up to one year and a $5,000 fine) when it results in bodily injury. Knowingly or intentionally inflicting injury that creates a substantial risk of death is aggravated battery, a Level 3 felony (3 to 16 years). Ind. Code §§ 35-42-2-1(c)-(d), 35-42-2-1.5, as quoted in Anders v. State, No. 25A-CR-3171 (Ind. Ct. App. June 22, 2026), Culvahouse v. State, No. 25A-CR-1437 (Ind. Ct. App. Dec. 11, 2025) (mem.), and McCaster v. State, No. 25A-CR-2788 (Ind. Ct. App. May 22, 2026) (mem.) |
| Iowa | Iowa defines assault broadly: an act meant to cause pain or injury, an act meant to cause insulting or offensive physical contact, an act meant to put someone in fear of such contact (with the apparent ability to carry it out), or pointing a firearm or displaying a dangerous weapon at someone in a threatening way. A basic assault with no injury is a simple misdemeanor (fine of at least $105 but not more than $855, and up to thirty days in jail). Assault causing bodily injury or mental illness is a serious misdemeanor (fine of $430 to $2,560 and up to one year). Assault with intent to inflict serious injury, or using or displaying a dangerous weapon, is an aggravated misdemeanor (up to two years). Assault that causes serious injury is a class "D" felony (up to five years), and intentionally causing serious injury is charged as willful injury, a class "C" felony (up to ten years). Iowa Code §§ 708.1(2), 708.2(1)-(7), 708.4; 903.1; 902.9(1)(d)-(e) (Iowa Code 2026) |
| Kansas | In Kansas, assault means knowingly placing another person in reasonable fear of immediate bodily harm; no touching is required. Simple assault is a class C person misdemeanor (up to one month in jail and a fine up to $500). Aggravated assault is assault committed with a deadly weapon, while disguised to conceal identity, or with intent to commit any felony; it is a severity level 7 person felony. Assault of a uniformed or identified law enforcement officer on duty is a class A person misdemeanor, and aggravated assault of an officer is a severity level 6 person felony. K.S.A. 21-5412; 21-6602; 21-6611 |
| Kentucky | Kentucky grades assault in four degrees by injury and weapon. Fourth-degree assault, intentionally or wantonly causing physical injury (or recklessly causing it with a deadly weapon or dangerous instrument), is a Class A misdemeanor (up to 12 months in jail and a $500 fine). Second-degree assault, intentionally causing serious physical injury, or causing physical injury with a deadly weapon or dangerous instrument, is a Class C felony (5 to 10 years). First-degree assault, intentionally causing serious physical injury with a deadly weapon or dangerous instrument, or causing serious physical injury through conduct showing extreme indifference to human life, is a Class B felony (10 to 20 years). Third-degree assault covers intentionally causing or attempting to cause physical injury to a police officer, corrections employee, school employee, emergency responder or other listed worker, and is a Class D felony (1 to 5 years). KRS 508.010, 508.020, 508.025(1)(a), (2)(a), 508.030; 532.060; 532.090 |
| Louisiana | Assault in Louisiana means trying to hit or hurt someone (an attempted battery) or intentionally making someone reasonably afraid they are about to be hit. Simple assault (no dangerous weapon) is punishable by a fine of not more than $200, up to 90 days in jail, or both; against an employee of a regulated establishment, up to $1,000, six months, or both. Assault with a dangerous weapon is aggravated assault: a fine of not more than $1,000, up to six months, or both (at least 120 days, without suspension, when the victim is a store employee and the offender is committing or attempting theft of goods). Louisiana has no felony/misdemeanor classes; each offense statute sets its own penalty. La. R.S. 14:36; R.S. 14:38(B); R.S. 14:37(B), (C); R.S. 14:2(A)(4), (6) |
| Maine | Assault is intentionally, knowingly or recklessly causing bodily injury or offensive physical contact to another person. It is a Class D crime (Maine's term for what other states call a misdemeanor), punishable by less than one year in jail and a fine up to $2,000, and the court must impose a fine of at least $300 unless exceptional circumstances justify less. Assault by an adult on a child under 6 that causes bodily injury is a Class C crime (up to 5 years and $5,000). Aggravated assault is Class B (up to 10 years and $20,000) when the injury creates a substantial risk of death or extended convalescence, is caused with a dangerous weapon, or happens under circumstances showing extreme indifference to human life (including strangulation); it is Class A (up to 30 years and $50,000) when it causes serious, permanent disfigurement or loss or substantial impairment of a bodily member or organ. 17-A M.R.S. §§ 207, 208, 1604(1), 1704 |
| Maryland | In Maryland, 'assault' covers the common-law crimes of assault, battery, and assault and battery. Ordinary assault is the misdemeanor of assault in the second degree, punishable by up to 10 years in prison, a fine up to $2,500, or both. Intentionally causing physical injury to a police officer, parole or probation agent, or firefighter or other first responder is felony second-degree assault (up to 10 years, fine up to $5,000). First-degree assault, a felony punishable by up to 25 years, is intentionally causing or trying to cause serious physical injury, committing an assault with a firearm, or assaulting someone by intentionally strangling them. Md. Code, Crim. Law §§ 3-201(b), 3-202, 3-203 |
| Massachusetts | Simple assault (or assault and battery) is a misdemeanor punishable by up to 2 1/2 years in a house of correction or a fine up to $1,000. It becomes a felony, punishable by up to 5 years in state prison (or up to 2 1/2 years in a house of correction or a $5,000 fine, or both), when it causes serious bodily injury, the victim is known to be pregnant, or the victim is protected by a restraining or no-contact order in effect against the offender. Assault by means of a dangerous weapon is a felony punishable by up to 5 years in state prison, a fine up to $1,000, or up to 2 1/2 years in jail. Assault and battery by means of a dangerous weapon is punishable by up to 10 years in state prison (up to 15 years and $10,000 when it causes serious bodily injury or the victim is pregnant, a child under 14, or protected by a court order). G.L. c. 265, §§ 13A(a)-(b), 15A(b)-(c), 15B(b); c. 274, § 1 |
| Michigan | Simple assault (or assault and battery) is a misdemeanor punishable by up to 93 days in jail, a fine up to $500, or both. Assault without a weapon that causes a serious or aggravated injury (called aggravated assault) is a misdemeanor with up to 1 year and/or $1,000. Assault with a gun, knife, club or other dangerous weapon (felonious assault) is a felony with up to 4 years and/or $2,000. Assault with intent to do great bodily harm less than murder, and assault by strangulation or suffocation, are felonies punishable by up to 10 years, a fine up to $5,000, or both. MCL 750.81(1), 750.81a(1), 750.82(1), 750.84 |
| Minnesota | Simple assault is called fifth-degree assault: doing something meant to make someone fear immediate bodily harm or death, or intentionally inflicting or trying to inflict bodily harm. It is a misdemeanor (up to 90 days and/or $1,000); it becomes a gross misdemeanor (up to 364 days and/or $3,000) with a qualified domestic violence-related conviction within the past three years (or ten years if the same victim), and a felony (up to five years and/or $10,000) with two or more such priors. Higher degrees are felonies: third-degree assault (substantial bodily harm) up to five years and/or $10,000; second-degree assault (with a dangerous weapon) up to seven years and/or $14,000, or ten years and/or $20,000 if it causes substantial bodily harm; first-degree assault (great bodily harm) up to 20 years and/or $30,000. Minn. Stat. §§ 609.224, subds. 1, 2, 4; 609.223, subd. 1; 609.222; 609.221, subd. 1 |
| Mississippi | Simple assault covers attempting to cause or causing bodily injury, negligently causing injury with a deadly weapon, or using physical menace to put someone in fear of imminent serious bodily harm; it is punished by a fine of not more than $500, up to six months in county jail, or both (§ 97-3-7(1)(a)). Aggravated assault covers attempting to cause or causing serious bodily injury, or causing or attempting bodily injury with a deadly weapon or other means likely to produce death or serious bodily harm; it is punished by up to one year in county jail or up to 20 years in Department of Corrections custody (§ 97-3-7(2)(a)), which makes it a felony under § 1-3-11. Assaulting a listed person, such as a police officer, firefighter, health care worker, teacher, judge, or someone 65 or older, raises simple assault to up to $1,000 and/or five years, and aggravated assault to up to $5,000 and/or 30 years (§ 97-3-7(1)(b), (2)(b), (14)). Miss. Code Ann. §§ 97-3-7(1), (2), (14), 1-3-11 |
| Missouri | Missouri grades assault in four degrees. Simple assault is assault in the fourth degree: attempting to cause or recklessly causing physical injury, physical pain or illness, purposely putting someone in fear of immediate physical injury, or knowingly making physical contact the person will regard as offensive or provocative. It is a class A misdemeanor (up to one year in jail and a $2,000 fine), but the fear-of-injury and offensive-contact forms are only a class C misdemeanor (up to fifteen days and $750) unless the victim is a 'special victim'. Knowingly causing physical injury is third-degree assault, a class E felony (up to four years); injuring someone with a deadly weapon or dangerous instrument, or recklessly causing serious physical injury, is second-degree assault, a class D felony (up to seven years). Attempting to kill or knowingly causing or attempting to cause serious physical injury is first-degree assault, a class B felony (five to fifteen years), or a class A felony (ten to thirty years or life) if serious physical injury is inflicted or the victim is a special victim. RSMo §§ 565.050, 565.052, 565.054, 565.056 (versions effective 1/1/2017); §§ 558.002, 558.011 |
| Montana | Simple assault is purposely or knowingly causing bodily injury to another, negligently causing bodily injury with a weapon, making insulting or provoking physical contact, purposely or knowingly causing reasonable fear of bodily injury, or giving someone rohypnol, flunitrazolam or GHB without consent. It is a misdemeanor punishable by a fine not to exceed $500, up to 6 months in county jail, or both. Aggravated assault, a felony, is purposely or knowingly causing serious bodily injury, or using physical force or contact to cause reasonable fear of serious bodily injury or death; it carries up to 20 years in state prison and a fine of not more than $50,000. Assault with a weapon (causing bodily injury with a weapon, or causing reasonable fear of serious bodily injury with a weapon or what reasonably appears to be one) is also a felony with up to 20 years, a fine up to $50,000, or both. MCA §§ 45-5-201, 45-5-202, 45-5-213 |
| Nebraska | Simple assault is called assault in the third degree in Nebraska: intentionally, knowingly or recklessly causing bodily injury to another person, or threatening another in a menacing manner. It is a Class I misdemeanor (up to one year in jail, a $1,000 fine, or both), or a Class II misdemeanor (up to six months) if committed in a fight or scuffle entered into by mutual consent. Assault in the second degree, a Class IIA felony (up to twenty years), is intentionally or knowingly causing bodily injury with a dangerous instrument, recklessly causing serious bodily injury with a dangerous instrument, or striking or wounding someone while in jail or state custody. Intentionally or knowingly causing serious bodily injury is assault in the first degree, a Class II felony (one to fifty years). Neb. Rev. Stat. §§ 28-308, 28-309, 28-310, 28-105, 28-106 |
| Nevada | In Nevada, assault means unlawfully attempting to use physical force against another person, or intentionally placing another person in reasonable apprehension of immediate bodily harm; actual contact is charged as battery. A basic assault is a misdemeanor (up to 6 months in county jail, a $1,000 fine, or both). Assault with a deadly weapon, or with the present ability to use one, is a category B felony punishable by 1 to 6 years in state prison, a fine up to $5,000, or both. Assault on certain protected victims (listed in NRS 200.471(2)(c), such as officers and other public workers) is a gross misdemeanor, and assault by a prisoner, probationer or parolee on certain officials is a category D felony. NRS 200.471; NRS 193.130, 193.150 |
| New Hampshire | Simple assault is purposely or knowingly causing bodily injury or unprivileged physical contact to another, recklessly causing bodily injury, or negligently causing bodily injury with a deadly weapon; it is a misdemeanor, but only a violation (a non-criminal fine) if it happens in a fight entered into by mutual consent. Second degree assault, a class B felony (up to seven years), includes knowingly or recklessly causing serious bodily injury, recklessly causing bodily injury with a deadly weapon, purposely or knowingly injuring a child under 13, strangulation, and knowingly injuring a police officer, firefighter or EMS provider on duty. First degree assault, a class A felony (up to fifteen years), includes purposely causing serious bodily injury, purposely or knowingly injuring someone with a deadly weapon, and knowingly or recklessly causing serious bodily injury to a child under 13. When a firearm is the deadly weapon, sentencing follows RSA 651:2, II-g. RSA 631:2-a, 631:2, 631:1; RSA 651:2; RSA 625:9 |
| New Jersey | Hitting, hurting or threatening someone is charged as assault in New Jersey. Simple assault — attempting to cause or purposely, knowingly or recklessly causing bodily injury, negligently causing bodily injury with a deadly weapon, or attempting by physical menace to put another in fear of imminent serious bodily injury — is a disorderly persons offense (up to 6 months), unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense (§ 2C:12-1(a)). It becomes aggravated assault, an indictable crime, based on the injury, weapon or victim: attempting to cause or causing serious bodily injury is a crime of the second degree (5 to 10 years); attempting to cause or causing significant bodily injury, or causing bodily injury with a deadly weapon, is a crime of the third degree (3 to 5 years) (§ 2C:12-1(b)(1), (2), (7)). Simple assault on a police officer, firefighter, EMT, school employee, health care worker or other listed victim is third degree if the victim suffers bodily injury and otherwise fourth degree (§ 2C:12-1(b)(5)). N.J.S. 2C:12-1(a), (b); N.J.S. 2C:43-6(a); N.J.S. 2C:43-8 |
| New Mexico | Simple assault in New Mexico is an attempt to commit a battery, any unlawful act, threat or menacing conduct that makes another person reasonably believe they are in danger of receiving an immediate battery, or the use of insulting language toward another impugning his honor, delicacy or reputation; it is a petty misdemeanor (up to six months in the county jail, a fine of up to $500, or both, § 31-19-1(B)) (§ 30-3-1). Aggravated assault includes unlawfully assaulting or striking at another with a deadly weapon, or assaulting someone while masked or disguised to conceal identity; it is a fourth degree felony (basic sentence eighteen months, fine up to $5,000, § 31-18-15) (§ 30-3-2). Assault with intent to kill or to commit murder, mayhem, first-, second- or third-degree criminal sexual penetration, robbery or burglary is a third degree felony (basic sentence three years, fine up to $5,000, § 31-18-15) (§ 30-3-3). NMSA 1978, §§ 30-3-1, 30-3-2, 30-3-3; §§ 31-18-15, 31-19-1 |
| New York | New York's basic assault crime is assault in the third degree: intentionally causing physical injury to someone, recklessly causing physical injury, or causing physical injury with criminal negligence by means of a deadly weapon or dangerous instrument. It is a class A misdemeanor (up to 364 days in jail and a $1,000 fine). Assault in the second degree, a class D felony (up to 7 years), covers causing serious physical injury intentionally, injuring someone with a deadly weapon or dangerous instrument, and injuring certain protected victims such as police or peace officers, transit workers, school employees on school grounds, and people 65 or older (when the attacker is more than ten years younger). Assault in the first degree, a class B felony (up to 25 years), includes intentionally causing serious physical injury with a deadly weapon or dangerous instrument, intentionally causing serious and permanent disfigurement or disability, and causing serious physical injury with depraved indifference to human life. Menacing (threats without injury) is charged under separate sections. N.Y. Penal Law §§ 120.00, 120.05, 120.10; §§ 70.00(2), 70.15, 80.05 |
| North Carolina | Simple assault (including simple assault and battery, or taking part in a simple affray) is a Class 2 misdemeanor, punishable by up to 60 days in jail depending on prior convictions and a fine up to $1,000. Assault becomes a Class A1 misdemeanor (up to 150 days) when the attacker inflicts serious injury or uses a deadly weapon, or when the victim is a female assaulted by a male at least 18, a pregnant woman, a child under 12, a government officer or employee, a school employee or volunteer, a transit operator, or certain other listed workers on duty. Assault becomes a felony when it involves serious bodily injury (Class F), a deadly weapon plus serious injury (Class E), a deadly weapon with intent to kill (Class E), or a deadly weapon with intent to kill that inflicts serious injury (Class C). Felony sentences are set by the class and the person's prior record under the state's structured sentencing chart. N.C. Gen. Stat. §§ 14-33(a)-(c), 14-32, 14-32.4(a); §§ 15A-1340.17, 15A-1340.23 |
| North Dakota | Simple assault is willfully causing bodily injury to another person, or negligently causing bodily injury with a firearm or other dangerous weapon; it is a class B misdemeanor (up to 30 days and a $1,500 fine), but a class C felony when the victim is a peace officer, correctional employee, firefighter, emergency medical worker or certain hospital workers on duty. Assault that willfully causes substantial bodily injury is a class A misdemeanor (up to 360 days and $3,000), or a class C felony if the victim is under twelve. Aggravated assault, a class C felony (up to 5 years and $10,000), is willfully causing serious bodily injury, injuring someone with a dangerous weapon, or firing a gun or hurling a destructive device at someone; it becomes a class B felony (up to 10 years and $20,000) if the victim is under twelve, is a peace officer or correctional employee on duty, or suffers permanent loss or impairment of a bodily function. N.D.C.C. §§ 12.1-17-01, 12.1-17-01.1, 12.1-17-02; § 12.1-32-01 |
| Ohio | Assault is knowingly causing or attempting to cause physical harm to another (or to another's unborn), or recklessly causing serious physical harm. It is a misdemeanor of the first degree (up to 180 days in jail and a $1,000 fine), but becomes a felony when the victim is in a protected group, for example a fourth-degree felony when the victim is a peace officer, firefighter or EMS worker performing official duties, and a fifth-degree felony for certain school, corrections or child-services workers. Felonious assault, a felony of the second degree (a stated minimum prison term of 2 to 8 years), is knowingly causing serious physical harm, or causing or attempting to cause physical harm with a deadly weapon; it is a first-degree felony if the victim is a peace officer. The same acts done under sudden passion or a fit of rage brought on by serious provocation from the victim are aggravated assault, a felony of the fourth degree (6 to 18 months). R.C. 2903.13, 2903.11, 2903.12; 2929.14, 2929.24 |
| Oklahoma | Assault (threatening or attempting to hurt someone) is "any willful and unlawful attempt or offer with force or violence to do a corporal hurt to another" and is punishable by up to ninety (90) days in county jail, a fine of not more than Five Hundred Dollars ($500.00), or both. Assault and battery (actually hitting or hurting someone) is punishable by up to six (6) months in county jail, a fine of not more than One Thousand Dollars ($1,000.00), or both. Assault with a sharp or dangerous weapon, or shooting at someone, with intent to do bodily harm is a Class B4 felony punishable by up to ten (10) years in prison or up to one (1) year in county jail. Aggravated assault and battery (when great bodily injury is inflicted, or a person of robust health attacks someone aged, decrepit or incapacitated) is a Class B5 felony punishable by up to five (5) years in prison, up to one (1) year in county jail, a fine of not more than $500.00, or both. 21 O.S. §§ 641, 644(A)-(B), 645, 646, 647 |
| Oregon | Oregon grades assault by degree and requires physical injury. Assault in the fourth degree (intentionally, knowingly or recklessly causing physical injury) is a Class A misdemeanor, punishable by up to 364 days in jail and a fine up to $6,250. Assault in the third degree (for example, recklessly causing serious physical injury with a deadly or dangerous weapon, or injuring a child 10 or younger, a transit operator or an emergency medical provider) is a Class C felony (up to 5 years, $125,000). Assault in the second degree (intentionally or knowingly causing serious physical injury, or causing physical injury with a deadly or dangerous weapon) is a Class B felony (up to 10 years, $250,000), and assault in the first degree (intentionally causing serious physical injury with a deadly or dangerous weapon, among other forms) is a Class A felony (up to 20 years, $375,000). Threatening someone without touching them is charged as menacing (trying to put someone in fear of imminent serious physical injury), a Class A misdemeanor. ORS 163.160(1)-(2), 163.165(2)(a), 163.175(2), 163.185(3), 163.190(2); 161.605, 161.615, 161.625 |
| Pennsylvania | Simple assault is attempting to cause, or intentionally, knowingly or recklessly causing, bodily injury to another; negligently causing bodily injury with a deadly weapon; or using physical menace to put someone in fear of imminent serious bodily injury. It is a misdemeanor of the second degree (up to two years and $5,000), but a misdemeanor of the third degree if it happens in a fight or scuffle entered into by mutual consent, and a misdemeanor of the first degree (up to five years) when committed against a child under 12 by a person 18 or older. Aggravated assault includes attempting to cause serious bodily injury with extreme indifference to human life, injuring listed officers or transit workers on duty, causing or attempting bodily injury with a deadly weapon, and injuring young children. It is a felony of the first degree (up to 20 years) for the most serious forms, such as subsections (a)(1), (2) and (9), and a felony of the second degree (up to 10 years) for the others. 18 Pa.C.S. §§ 2701(a)-(b), 2702(a)-(b); 1101, 1103, 1104 |
| Rhode Island | Rhode Island does not grade crimes by class; each statute sets its own penalty. Simple assault or battery is a misdemeanor punishable by up to one year in prison, a fine up to $1,000, or both. Felony assault is an assault or battery with a dangerous weapon, with acid or another dangerous substance, or by fire, or one that causes serious bodily injury (injury that creates a substantial risk of death, causes protracted loss or impairment of a bodily function, or serious permanent disfigurement). Felony assault that results in serious bodily injury is punishable by up to twenty (20) years in prison; other felony assaults are punishable by up to six years. Separate statutes set higher penalties for assaults on police officers, teachers, health care workers, people 60 or older and other protected victims. R.I. Gen. Laws §§ 11-5-3(a), 11-5-2(a), (c); 11-1-2 |
| South Carolina | South Carolina charges assault in degrees under one "assault and battery" statute. Assault and battery in the third degree (unlawfully injuring someone, or offering or attempting to injure someone with the present ability to do so) is a misdemeanor punishable by a fine of not more than $500, up to thirty days in jail, or both. Second degree (an injury or attempt that results in, or could have resulted in, moderate bodily injury, or nonconsensual touching of private parts) is a misdemeanor punishable by a fine up to $2,500, up to three years, or both. First degree (for example, injury during a robbery, burglary, kidnapping or theft, or an attempt by means likely to cause death or great bodily injury) is a felony punishable by up to ten years. Assault and battery of a high and aggravated nature (an injury causing great bodily injury, or done by means likely to produce death or great bodily injury) is a felony punishable by up to twenty years. S.C. Code § 16-3-600(B)-(E) |
| South Dakota | Simple assault (attempting to cause bodily injury with the actual ability to do so, recklessly causing bodily injury, negligently causing bodily injury with a dangerous weapon, trying by physical menace or credible threat to put someone in fear of imminent bodily harm, or intentionally causing bodily injury that is not serious) is a Class 1 misdemeanor, punishable by up to one year in county jail, a $2,000 fine, or both. With two or more prior assault convictions within ten years, a third offense is a Class 6 felony (up to two years), a fourth a Class 5 felony (up to five years), and a fifth or later a Class 4 felony (up to ten years). Aggravated assault (attempting or causing serious bodily injury with extreme indifference to human life, attempting or knowingly causing bodily injury with a dangerous weapon, threatening someone with a deadly weapon or a realistic imitation, or choking/strangling to cause fear of death or serious harm) is a Class 3 felony, punishable by up to fifteen years and a $30,000 fine. SDCL 22-18-1, 22-18-1.1; 22-6-1, 22-6-2 |
| Tennessee | Tennessee uses the single word assault for both threats and physical attacks. Intentionally, knowingly or recklessly causing bodily injury to another is a Class A misdemeanor, punishable by incarceration and a fine not to exceed $15,000; intentionally or knowingly causing another to reasonably fear imminent bodily injury is a Class A misdemeanor; and knowingly causing physical contact a reasonable person would regard as extremely offensive or provocative is a Class B misdemeanor (up to 6 months and/or $500). It becomes aggravated assault when an intentional or knowing assault results in serious bodily injury or death, involves the use or display of a deadly weapon, or involves strangulation or attempted strangulation: generally a Class C felony (3 to 15 years), and a Class B felony (8 to 30 years) when strangulation is committed against a pregnant victim. Reckless aggravated assault (serious bodily injury, death, or a deadly weapon) is a Class D felony (2 to 12 years). Tenn. Code Ann. §§ 39-13-101(a), (b)(1); 39-13-102(a)(1), (d)(1)(A); 40-35-111(b), (e) |
| Texas | Assault in Texas covers causing bodily injury to someone, threatening someone with imminent bodily injury, and offensive physical contact. Causing bodily injury is a Class A misdemeanor (up to one year in jail and a $4,000 fine); a threat or offensive contact alone is a Class C misdemeanor (fine up to $500). Assault becomes a third-degree felony (2 to 10 years) against certain victims such as an on-duty public servant, security officer, emergency services worker or a person the actor knows is pregnant, and a second-degree felony against a peace officer or judge. Aggravated assault, causing serious bodily injury or using or exhibiting a deadly weapon, is a second-degree felony (2 to 20 years), and a first-degree felony (5 to 99 years or life) in listed cases such as a deadly weapon causing serious injury to a family member or an assault on an on-duty public servant. Tex. Penal Code §§ 22.01(a)-(c), 22.02; 12.21, 12.23, 12.32-12.34 |
| Utah | Assault is attempting, with unlawful force or violence, to injure someone, or using unlawful force or violence that causes bodily injury or creates a substantial risk of bodily injury. It is a class B misdemeanor (up to six months and $1,000), and a class A misdemeanor (up to one year and $2,500) if it causes substantial bodily injury or the actor knows the victim is pregnant. It becomes aggravated assault, a third degree felony (up to five years and $5,000), when it involves a dangerous weapon or a motor vehicle, choking or strangling (impeding breathing or blood flow), or other force likely to cause death or serious injury. Aggravated assault is a second degree felony (1 to 15 years) if it causes serious bodily injury or choking causes loss of consciousness, and a first degree felony if it targets a law enforcement officer and causes serious bodily injury. Utah Code §§ 76-5-102, 76-5-103, 76-3-203, 76-3-204, 76-3-301 |
| Vermont | Simple assault is attempting to cause, or purposely, knowingly or recklessly causing, bodily injury to another; negligently causing bodily injury with a deadly weapon; or trying to put someone in fear of imminent serious bodily injury by physical menace. It is a misdemeanor punishable by up to one year in prison, a fine up to $1,000, or both, but only up to 60 days and $500 if it was a fight entered into by mutual consent. Aggravated assault, a felony, includes attempting to cause or causing serious bodily injury with extreme indifference to human life, or causing bodily injury with a deadly weapon (up to 15 years and $10,000), and threatening someone while armed with a deadly weapon, drugging someone without consent, or injuring a person to stop a police officer from doing their duty (up to five years and $5,000). 13 V.S.A. §§ 1023, 1024 |
| Virginia | Virginia uses the common-law crimes of assault and of assault and battery, and the statute sets only the penalty. Simple assault or assault and battery is a Class 1 misdemeanor (up to 12 months in jail and/or a fine up to $2,500). It becomes a Class 6 felony (1 to 5 years, or up to 12 months in jail and/or a $2,500 fine), with a mandatory minimum of six months, when committed against a person the offender knows or should know is a judge, magistrate, law-enforcement officer, firefighter, emergency medical services worker or certain correctional staff doing their duties; it is also a Class 6 felony with at least six months when an assault and battery causing bodily injury targets a victim because of race, religion, gender, disability, sexual orientation, gender identity or national origin. Serious attacks are charged as malicious wounding: maliciously shooting, stabbing, cutting or wounding someone, or otherwise causing bodily injury, with intent to maim, disfigure, disable or kill, is a Class 3 felony (5 to 20 years); doing so unlawfully but without malice is a Class 6 felony. Va. Code §§ 18.2-57(A)-(C), 18.2-51, 18.2-10, 18.2-11 |
| Washington | Washington grades assault in four degrees. Simple assault is assault in the fourth degree, a gross misdemeanor (up to 364 days in jail, a fine up to $5,000, or both). Assault in the third degree, a class C felony (up to 5 years and $10,000), includes assaulting a law enforcement officer on duty and negligently causing bodily harm with a weapon. Assault in the second degree, a class B felony (up to 10 years and $20,000), includes intentionally assaulting someone and recklessly causing substantial bodily harm, assault with a deadly weapon, and strangulation or suffocation. Assault in the first degree, a class A felony (up to life and $50,000), is assault with intent to inflict great bodily harm using a firearm, deadly weapon or force likely to cause great bodily harm or death, or actually inflicting great bodily harm. RCW 9A.36.011, 9A.36.021, 9A.36.031, 9A.36.041, 9A.20.021 |
| West Virginia | Simple assault (trying to hurt someone, or making them reasonably fear they are about to be hurt) is a misdemeanor punishable by up to 6 months in jail, a fine of up to $100, or both. West Virginia has no offense called 'aggravated assault'; the serious version is malicious wounding: maliciously shooting, stabbing, cutting or wounding someone, or causing bodily injury with intent to maim, disfigure, disable or kill, is a felony punishable by 2 to 10 years in prison. Doing the same unlawfully but not maliciously (unlawful wounding) is a felony punishable by 1 to 5 years, or up to 12 months in jail and a fine of up to $500. W. Va. Code § 61-2-9(a), (b) |
| Wisconsin | Wisconsin does not have a general crime called assault; physical attacks are charged as battery, graded by the harm caused. Battery (intentionally causing bodily harm without consent) is a Class A misdemeanor (up to 9 months in jail and/or a $10,000 fine). Substantial battery (substantial bodily harm) is a Class I felony (up to 3 years 6 months). Aggravated battery is a Class H felony (up to 6 years) when great bodily harm results or the conduct creates a substantial risk of great bodily harm, and a Class E felony (up to 15 years) when the person intended to cause great bodily harm. Threatening or attempted physical contact done to harass or intimidate is charged as harassment, a Class B forfeiture (civil fine up to $1,000). The battery statutes were revised and renumbered (from § 940.19 to § 940.60 and following) by 2025 Wis. Act 24. Wis. Stat. §§ 940.60(1)-(3), 947.013(1m), 939.50(3), 939.51(3), 939.52(3) |
| Wyoming | Simple assault is unlawfully attempting, with the present ability, to cause bodily injury to another; it is a misdemeanor punishable by a fine of not more than $750 (no jail term is listed). Aggravated assault and battery is a felony punishable by up to ten (10) years in prison; it covers causing or attempting to cause serious bodily injury with extreme indifference to human life, attempting to cause or causing bodily injury with a deadly weapon, threatening someone with a drawn deadly weapon (unless reasonably necessary for self-defense or defense of property), and causing bodily injury to a woman the person knows is pregnant. Intentionally causing or attempting to cause bodily injury to a peace officer on duty is a felony punishable by up to ten (10) years. W.S. 6-2-501(a), (c); 6-2-502(a)(i)-(iv), (b)(i); 6-5-204(b) |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.