Question: Can Aggravated Assault Be Reduced To A Misdemeanor?

What happens if you are charged with aggravated assault?

Aggravated assault is a very serious felony charge; a conviction for this crime can seriously impact your life.

You could face a lengthy prison sentence and the stigma of being a convicted felon.

Convicted felons cannot vote or possess firearms and often have difficulty finding employment..

Will I go to jail for first time assault?

Many crimes carry set penalties which give the judge a range of options. … However, judges usually sentence defendants without a criminal record more leniently, potentially producing reduced penalties. Assault is punished in California by a fine of up to $1,000 and the potential of a jail sentence of up to 6 months.

What charges can you get for fighting?

Any group scuffle or fight in a public place can lead to an Affray charge. The maximum penalty for Affray is 10 years imprisonment.

Is it better to take a plea or go to trial?

Having a guilty plea or a no contest plea on the record will look better than having a conviction after a trial. This is partly because the defendant likely will plead guilty or no contest to a lesser level of offense or to fewer offenses.

Can you get probation for aggravated assault?

Probation is possible for misdemeanor assaults and for some felony assaults depending on whether it is charged with the dangerous offense, in which case it is charged with the dangerous offense of the felony and aggravated assault.

Can you drop charges on aggravated assault?

You can contact the prosecutor and tell them you wish to drop the charges and why. However, keep in mind that it is within the prosecutor sole discretion on whether or not to bring charges or to pursue criminal charges.

Can felonies be reduced to misdemeanors?

A felony charge can be dropped to a misdemeanor charge through a plea bargain, mistake found by the arresting officer or investigations, or by good behavior if probation was sentenced for the crime. … For example, a Federal crime as serious as terrorism will never be a misdemeanor and therefore cannot be reduced.

What is the average sentence for aggravated assault?

Aggravated assault is a third-degree felony. This means that the court can sentence you to a maximum of five years’ imprisonment or five years of probation, as well as a maximum $5,000 fine. Even if you are a first-time offender, there is a real possibility that you will go to prison.

What can Aggravated assault be reduced to?

Yes, an aggravated assault can be reduced to a misdemeanor if it is in a unique circumstance where it is a class VI undesignated offense.

Is aggravated assault a violent crime?

For instance, for statistical purposes, the Federal Bureau of Investigation (FBI) defines four categories of violent crimes: murder, forcible rape, robbery, and aggravated assault.

How do you avoid jail time for a felony?

Generally, a defendant might avoid a prison sentence by:Preliminarily pleading guilty to the charged conduct.Attending alcohol and drug rehabilitation.Enrolling in job-training programs and obtaining beneficial employment.Engaging in community service.Getting mental health assistance.More items…•

What are the consequences of a first time felony?

For less serious or first-time felonies, the judge can usually sentence a person to either jail time or probation, instead of prison. If the crime involves serious physical harm, like murder or aggravated assault, a convicted felon will likely face a lengthy prison sentence.