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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
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What category of assault is commit when 1 person intentionally

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What category of assault is commit when 1 person intentionally burns with a flame from a match the skin of another person who is sleeping, causing burns to the skin and severe pain? Is there another offense besides assault in this act? If the perpetrator of this offense is convicted, what would the penalties be, maximium to minimum, for this as a first time offense?

Welcome and thank you for your question

 

I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.

Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive rating

It depends on who the assault is against.

 

Causing intention bodily injury is a Class A misdemeanor

 

Unless it is a family member - spouse

 

Or in relationship - girlfriend/boyfriend

 

And then it is a Felony of the 3rd degree

 

The Class A penalty is a possible fine of up to $4000 and/or up to one year in jail

 

The Felony 3 shall be punished from 2 to 10 years and/or a fine not to exceed $10,000

It is hard to say what a first offender would get until I know who the victim is - because if it is a felony 3 then the sentence is mandatory and they have to be sentenced to at least 2 years even for a first offens

 

 

Customer: replied 3 years ago.

The purpetrator, a female labor law attorney, was the paramour of the victim, living with the victim and owner of the condominium property where the offense occurred. She burned her paramour intentionally with a burning match to his hand as he slept, supposedly as a joke to laugh at his reaction, but in a demonstration to show off to her visiting girlfriend how she could be sadistic to her paramour at will. Bad Joke. Perhaps it's funny in the movies or in cartoons, but not in real life. The purpetrator and her girlfriend had been drinking. The victim (completely sober and not a participant to their conversations) never asked for any such treatment or did anything to warrant or encourage it. This question asks what the crime would be in Texas and based on your response, I believe that would be a 3rd Degree Felony. Would there be any additional penalties or fines to the purpetrator because they were an officer of the court and under their law license, are expected to conduct themselves at a higher standard than the average citizen, even in their private affairs? Would the class of crime or penalty be different if this occurred in Illinois and the purpetrator was a public official of the State of Illinois?

Hello

 

The being held to a higher standard would come from a Bar Association and disbarment hearing because of a felony or misdemeanor conviction. The statute and the penalties will not change.

 

And yes, it appears it would be the felony 3 and those penalties mandate at least 2 years and the fines as I noted.

In Illinois, what you describe would be a battery - the battery means there was an injury. An Assault in Illinois is the threat of harm or injury. And an Aggravated battery means the injury was life threatening.

 

Battery is a Class A misdemeanor charge, which can result in penalties of up to 1 year in jail and/or fines of up to $2500

And again, the higher standard comes from a Bar Association disbarment hearing for a felony or misdemeanor conviction of this type of crime.

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