What Is The Difference Between First Degree And Second Degree Assault?

First Degree Assault

First degree assault is one when one intends to cause serious physical injury to another person, he causes such injury by means of a deadly weapon or a dangerous instrument, specific first degree assault attorney is assigned to deal with such cases.

Second Degree Assault

Second-degree assault takes place when harmful touching occurs, including situations involving death, permanent or protracted injury, disfigurement, or loss or impairment of any body part or organ, specific second degree assault attorney is assigned to deal with such cases.

Difference Between First Degree and Second Degree Assault

What is assault? Assault is defined as the offensive touching or attempted touching of another person without consent or placing that person in immediate fear. This may occur with a weapon or without. It usually starts from a verbal altercation that escalates into physical violence.
All over the world, there are different categories in which degrees of assault are divided. They all differ in severity and the abuser is then punished according to it.
No matter which degree of the case, it is necessary that we don’t take it lightly and give it the attention it needs. Both the parties require some court time. That is why in each country there are special first and second-degree assault attorney assigned. They are both serious situations and they both have sentence time or a large fine.
Let’s see the difference between the two.

First Degree Assault

  • First-degree assault is a felony.
  • First-degree assault occurs when one causes “serious physical injury” to another.
  • The maximum amount of punishment for first-degree assault is 25 years.
  • First-degree assault Includes: risk of death, disfiguration, loss of an organ, impairment of an organ.
  • First degree assault weapons may include guns, knife, bulging objects or even hands.
  • If an individual found guilty of first degree assault, then abuser holds the stigma of being a felon for life.
Second Degree Assault
  • Second-degree assault is a misdemeanor.
  • Occurs when someone causes “offensive physical contact” to another.
  • Maximum amount of punishment for second-degree assault is 10 years as well as a $2,500 fine.
  • Second degree assault includes the possibility that the accused made someone “fearful of harm”. There does not need to be physical contact between the accused and the plaintiff, only the ability to prove that the accused made the plaintiff fearful of being touched without their consent.
Role of Attorneys

The first and second degree assault attorneys study the fact of the cases to see whether the abuser is really the abuser or the victim of the scenario. Usually, the abusers feel that they are being falsely accused, or acted in self-defense or feel like they haven’t done anything wrong. The attorney negotiates with the prosecutor so that the client either takes anger management courses or provides community service in order to dismiss the charges. They look for witness and provide the best defense possible for each case.
If you or a loved one has been assaulted don’t sit idle, find your voice, take a stand and hire either a first degree assault attorney or a second degree assault attorney (depending on your case) to punish the wrongdoers.

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