Criminal Law Questions? Ask a Criminal Lawyer.
HelloThis is Samuel and I will discuss this and provide you information in this regardDo you know what he has been charged with?Is this a first criminal offense or does he any prior convictions?
I seeWell, this appears that it could be charged as a misdemeanor assault in the 3rd degree.3rd assault occurs when a person knowingly, recklessly, or through criminal negligence causes bodily injury to another person by means of a deadly weapon; or when they knowingly threaten, annoy, harass or injure a peace officer or other protected employee with a dangerous substance. Third degree assault is a Class 1 misdemeanor. That carries a possible penalty of $500 to $5,000 in fines; 6 to 18 months incarcerationOR they could charge him with Menacing. Menacing occurs when a person, by threat or physical action, knowingly places or attempts to place another person in fear of imminent serious bodily injury. Class 3: $50 to $750 in fines; up to 6 months incarcerationThe only thing that throws off a charge of the 3rd degree assault is there was no deadly weapon. I suggest that the menacing could be the charge.
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