how long can u go to jail for assault on district attorney

A case like this could take anywhere from 30 days to possibly 6 months and maybe even longer if it is a very serious assault. It could take a year if it is a felony. The timeline of these cases can really vary depending on the facts because there are too many variables.

Full Answer

How long do you go to jail for aggravated assault?

There are a number of different ways that the District Attorney's Office in San Fernando Valley receives their cases. Typically, someone gets arrested and, if they don't bail out, then they are in court within one to three days.

What are the penalties for an assault charge?

May 28, 2011 · For lesser felonies — felonies not necessarily punishable by imprisonment of hard labor — the prosecution has four years. For most misdemeanors, including possession of marijuana, shoplifting, simple battery, and theft under $300, the State has two years in …

How long do you go to jail for a Class A misdemeanor?

Dec 29, 2021 · The lowest assault and battery charge is a misdemeanor and carries a maximum possibility of up to 93 days in jail, while the much more serious offense of assault with the intent to do great bodily harm less than murder carries up to 10 years in prison. If you are facing assault charges call criminal defense lawyer, Aaron J. Boria today (734) 453-7806.

Is assault a felony or misdemeanor?

Jan 28, 2019 · Some states will even treat an assault as an infraction with just a fine or jail time under thirty days, if the injury was minimal and there was no weapon. However, penalties escalate rapidly if weapons are involved. For instance a first degree assault (using a deadly weapon and serious injury) in New York has a prison term up to 25 years.

How long does a felon have to be in jail?

For serious felonies — which are punishable by imprisonment at hard labor but do not carry the possibility of life imprisonment — the State has six years from the date of the crime to begin prosecuting that individual. Examples of serious felonies could include attempted murder, arson, kidnapping, or simple burglary.

How long does a misdemeanor last?

For misdemeanors where there is only the punishment of a fine or forfeiture, the State has only six months. There are two situations where there usually are no time limitations: extremely serious felonies and sex crimes. Felonies that have the possibility of life imprisonment or the death penalty, such as first degree murder, ...

What are some examples of felonies?

Examples of serious felonies could include attempted murder, arson, kidnapping, or simple burglary. So, for example, in Louisiana, if someone breaks into a car and steals the CD player, the State would have six years from the date of the theft to file prosecution charges against the defendant.

Can I go to jail for an assault charge?

All crimes, including simple assault and battery, carry the possibility of jail time. The lowest assault and battery charge is a misdemeanor and carries a maximum possibility of up to 93 days in jail, while the much more serious offense of assault with the intent to do great bodily harm less than murder carries up to 10 years in prison.

What determines if I go to jail and how much jail time will I get?

The facts of the case and the judge usually will have the greatest impact if you will do jail time for an assault conviction. Obviously, a pushing match should not get the same penalty as a sucker punch to the back of someone’s head.

Is there a way to stay out of jail for an assault conviction?

Absolutely! It is very possible to stay out of jail for an assault conviction. As mentioned in the paragraph above, a judge may also depart downward from sentencing gridlines just like they may depart upwards.

Will having a criminal lawyer help?

Having a knowledgeable and experienced criminal defense lawyer can make all the difference.

How long is assault a felony?

For instance, federal law divides assault into a felony punishable by 10 years imprisonment and a misdemeanor punishable by one year imprisonment. Similarly, the states divide assault into misdemeanors and felonies. A misdemeanor carries a potential jail term of less than one year. Felonies are subject to imprisonment for more than twelve months.

How long can you go to jail for battery?

The penalties for battery range from misdemeanor charges with less than 30 days in jail to substantial prison terms that include life in prison. States usually describe the possible range of sentences in their laws. For example, battery in Texas is subject to the following sentencing schedule:

What are the penalties for battery?

The penalties for battery range from misdemeanor charges with less than 30 days in jail to substantial prison terms that include life in prison. States usually describe the possible range of sentences in their laws. For example, battery in Texas is subject to the following sentencing schedule: 1 Class C misdemeanor: Fine of up to $500. 2 Class B misdemeanor: Up to 180 days in jail, fine of up to $2,000. 3 Class A misdemeanor: Up to 1 year in jail, fine of up to $4,000. 4 Third degree felony: Up to 10 years in prison, fine of up to $10,000 5 Second degree felony: Between 2 to 20 years in prison, fine of up to $10,000. 6 First degree felony: Between 5 years to life in prison, plus fine.

What is the crime of battery?

The crime of battery usually involves intentional and unwanted physical contact, even if the intent wasn't to actually cause harm.

Is battery a felony?

Just like assault, battery can be considered a misdemeanor or a felony. The distinction between the two classifications depends on the seriousness of the injury, whether a weapon was used, and the person who was injured. State and federal laws provide for more serious punishments when the victim is a peace officer, fireman, ...

Is aggravated assault a felony?

Aggravated Assault/Battery. The potential penalties rise dramatically for aggravated assault, because it constitutes a felony in all states. The crime of assault and/or battery becomes an aggravated assault / battery based on whether: The seriousness of the injury.

Is assault and battery a serious offense?

Assault and battery is a serious offense. Sentencing varies depending on the state statutes, the facts of a given case, and a number of other factors. If you're facing assault and battery charges, a qualified legal counsel can help you identify potential defenses and devise a plan to minimize the consequences of your case.

What to do if you are charged with assault?

If you are charged with simple assault, you should contact an attorney immediately to discuss your options. A local attorney will be familiar with the prosecution policies in the local courts and with sentencing and diversion programs that might be available to you.

What is assault crime?

In some states, the crime of assault consists of threatening behavior and does not involve any physical touching. Under this definition, a person commits an assault if he threatens another person with immediate bodily harm by behavior or statements, appears to have the ability to carry out the threat, and causes the person to feel fear. An example of this type of assault is an able-bodied man yelling moving closer and closer to another person (perhaps with a drawn fist or a knife within reach) and yelling that he will cut, hit, or otherwise physically injure the person.

What is a plea agreement in an assault case?

Under a typical plea agreement, the defendant pleads guilty or no contest to one or more charges and the parties agree on a proposed sentence to present to the judge. The judge ultimately determines the appropriate sentence, but usually will follow reasonable agreements between the prosecution and the defense. (If a defendant pleads no contest, he does not admit guilt or dispute the charges. A no contest or "nolo contendre" plea is a statement that the defendant does not contest the charge.)

What happens if you don't plead guilty to a crime?

Some states and local courts have diversion programs, under which the defendant does not plead guilty or no contest and does not go to trial, but agrees to participate in the program and complete all its requirements (possible requirements include counseling, staying off drugs or alcohol, finding employment, and reporting to a probation officer). If the defendant completes the diversion program successfully, the charges are dismissed. These programs often require the defendant to agree to an automatic guilty plea if the defendant fails to complete the program. The defendant may even be required to sign a statement of guilt in advance, which the prosecution can enter against him if he fails to comply with or complete the program requirements.

Can a defendant agree to spend time in jail?

In some cases, the defendant may have no choice but to agree to spend some time in jail. Circumstances in which a prosecutor may require an agreement to a jail sentence can include:

What happens if a defendant completes the diversion program?

If the defendant completes the diversion program successfully, the charges are dismissed. These programs often require the defendant to agree to an automatic guilty plea if the defendant fails to complete the program.

Can a person go on probation without time in jail?

If the defendant has no criminal record or very little criminal history or there are mitigating circumstances, or both, the prosecutor may agree to the defendant serving his entire sentence on probation with no time in jail, and even agree to the charges being dismissed once the defendant completes probation. This often is referred to as a deferred sentence in which the court does not enter a conviction unless the defendant commits another crime while on probation or otherwise fails to comply with terms of probation.

What is the time between a conviction and sentencing?

The time between conviction and sentencing is most often used in the preparation of a pre-sentence investigation report. This report is prepared by the United States Probation Office.

What happens after you testify in court?

After you have testified in court, you should not tell other witnesses what was said during the testimony until after the case is over.

What is a felony case?

What Happens in a Felony Case. Any offense punishable by death or imprisonment for more than one year is called a felony. Felonies are the most serious crimes. The prosecutors and the courts handle felony cases differently from misdemeanor cases (cases that have shorter possible sentences). This part of the handbook is intended to explain ...

What is the only contact witness in a felony case?

In many felony cases, the only contact witnesses have with the prosecutors comes at the witness conference and at the trial. Normally, when the trial date has been set, you will be notified by a subpoena - a formal written order from the court to appear.

What is a complaint under oath?

This complaint is a statement, under oath, of facts sufficient to support probable cause to believe that an offense against the laws of the United States has been committed by a defendant. If the Magistrate accepts the complaint, a summons or arrest warrant will be issued for the defendant.

How many people are on a grand jury?

A grand jury is a group of twenty-three (23) citizens from the same judicial district who meet to examine the evidence against people who may be charged with a crime. The work of the grand jury is not made available to the public or, in most cases, to the defendant.

Who can cross-examine a witness?

Each witness that is called for the United States may be cross-examined by the defendant or the defendant's counsel. When the prosecution has rested its case, the defense then has an opportunity to present its side of the case. The United States may then cross-examine the defendant's witnesses.

What are the different types of assaults in Arizona?

There are numerous types of different assaults In Arizona. Under the statute, there are misdemeanor assaults and then there are felony assaults. There are misdemeanor domestic violence assaults and felony domestic violence assaults as well. There is a class 1 misdemeanor assault, a class 2 misdemeanor assault, and a class 3 misdemeanor assault.

What is a class 1 misdemeanor?

It is a class 1 misdemeanor assault when someone intentionally, knowingly and recklessly causes a physical injury to someone. A class 2 misdemeanor is when a person scares somebody and makes them think they would be hurt, and class 3 misdemeanor, which is the lowest level of assault, is when a person just touches somebody ...

Is a felony a felony?

It is a felony if someone is retrained, bound or held down by something and someone hits, kicks or punches them. The fifth type is when a person commits the assault after entering a private home with the intent to commit assault, which is an aggravated assault or felony.

Is a police officer a witness?

The police officer is usually a secondary witness unless the defendant might have submitted to an interview and made some admissions that might hurt him. The officer can testify to that but the most important witness will still be the victim.

Is aggravated assault a felony?

All aggravated assaults are felonies and there are different levels of felonies. An aggravated assault is when a person causes a serious physical injury to another person. The difference between the felony and the misdemeanor is that the felony involves a serious physical injury, like a broken bone or something that is life-threatening.

What happens if you are arrested for a misdemeanor?

If you are arrested for a misdemeanor or felony offense, three things usually happen: Authorities could charge you then release you “on your own recognizance” (O/R) along with a written promise to appear at a later date (also known as a “cite release”); or.

What happens if you are arrested?

If you are arrested for a misdemeanor or felony offense, three things usually happen: 1 Authorities could charge you then release you “on your own recognizance” (O/R) along with a written promise to appear at a later date (also known as a “cite release”); or 2 After you are charged, you could be taken into custody, transported to jail and booked. If jailers determine you are eligible for bail, bail is set. If you are able to post bail, you will be released and given a notice to appear in court; or 3 If you are ineligible for or unable to post bail after being booked into custody, you will remain in jail until authorities transport you to appear in court.

What happens if you are unable to post bail?

If you are ineligible for or unable to post bail after being booked into custody, you will remain in jail until authorities transport you to appear in court.

How long does it take to get a speedy trial?

If you waive this right, your trial must start within 10 days from when the trial date is set.

What happens if a judge finds probable cause?

If the judge finds that there is probable cause that you committed the offenses you are charged with at a preliminary hearing, he will hold you to answer to those charges. The prosecutor will then file what is known as the “Information,” which is the formal complaint alleging the charges against you.

How long does it take to get a preliminary hearing?

You have a right to have a preliminary hearing within 10 court days of your initial arraignment. Even if you waive your right to have a speedy preliminary hearing within the initial 10 days, the court must still set your hearing within 60 days of your arraignment unless you waive this right as well. If the judge finds that there is probable cause ...

How to resolve an infraction?

If you wish to plead guilty, many infractions can be handled via mail, telephone or online quickly without having to appear in court.

What can a defence counsel do if a defendant is charged with assault?

If defendants are charged with simple assault, where no weapon was used and the injuries sustained by the complainant are minor, defence counsel can request a hybrid approach to justice, such as having the charges dropped if the defendant agrees to counselling and apologizing to the victim.

What to do if you are charged with assault?

If you are charged with assault, there are ways a knowledgeable lawyer can help you deal with that situation. I have years of experience in counselling defendants about the best way to approach their cases. Contact me for a free consultation so we can start planning your best defence.

What is assault in Canada?

Under Section 265 of the Criminal Code of Canada, assault is defined as the use of force, either directly or indirectly, against another without their consent. ...

What is the common law principle of assault?

An established principle of the common law is “de minimis non curat lex,” which translates as “the law does not concern itself with trifles.” The de minimis rule has application both in civil and in criminal jurisdictions and effectively means that the law should not get involved in circumstances where what has occurred is extremely inconsequential.

What is an absolute discharge?

An absolute discharge is a sentencing option that allows you to avoid a criminal record after you have pleaded guilty to an offence. If you receive an absolute discharge you have no record going forward, whereas a conditional discharge requires you to comply with conditions stipulated by the court for a specified period of time.

What are technical reasons for a criminal case?

Common technical reasons include Charter breaches such as the failure to fully disclose all evidence or the failure to proceed to trial within a reasonable amount of time.

What is a peace bond?

The Crown may offer a peace bond to deal with minor cases of assault, resulting in charges being withdrawn or stayed, that latter meaning the charge is not pursued and the issue of guilt or innocence is never determined. While agreeing to a peace bond does not mean you admit to the offence, it does send a message to the court that you agree it is reasonable for the complainant to be afraid of you. If you're not willing to make this admission, you cannot agree to the peace bond.