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What is 4th-degree assault?
In this article, you’ll learn about:
Let’s dig in.
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4th-degree assault:
Some statistics are that:
4th-degree assault is:
It involved minor physical contact, like:
Or the threat to do any of these.
It differs from other types of assaults because it does not involve:
Assault charges often occur in domestic violence cases.
And when one family or household member threatens or commits violence against others.
4th-degree assault is an intentional act.
It results in offensive or physical contact with another person without their consent.
This type of assault is typically punishable by a fine, probation, or jail time.
Read More: Is It Illegal To Hit A Girl
Here is a list of the different types of assault.
And what constitutes that type of assault charge on your criminal records.
Assault in the 4th degree is a Class A Misdemeanor.
But, there are other situations that change the criminal charges you can face.
Some examples are assault in the 4th degree with the intent to cause:
It’s normally a Class D Felony if you attack any of the following public employees:
Examples of the penal codes that have these subsection rules for 4th-degree assault are:
The most common penalties for a 4th-degree assault across all states are:
Fill out the form on this page for a free consultation with an assault attorney.
Our law firm has the experience to keep you from getting wrongly accused.
And the experience to minimize your jail time and fines.
| State | Max Jail Time | Max Fines | Criminal Charge |
|---|---|---|---|
| Alabama | 2 Years | $2,000 | Misdemeanor |
| Alaska | 5 Years | $50,000 | Felony |
| Arizona | 4 Months | $2,500 | Misdemeanor |
| Arkansas | 6 Years | $10,000 | Felony |
| California | 4 Years | $10,000 | Felony |
| Colorado | 18 Months | $500,000 | Felony |
| Connecticut | 2 Years | $2,000 | Felony |
| Delaware | 5 Years | $25,000 | Felony |
| Florida | 5 Years | $10,000 | Felony |
| Georgia | 5 Years | $7,500 | Felony |
| Hawaii | 1 Year | $2,000 | Misdemeanor |
| Idaho | 5 Years | $5,000 | Misdemeanor |
| Illinois | 3 Years | $25,000 | Felony |
| Indiana | 3 Years | $10,000 | Felony |
| Iowa | 2 Years | $625 | Misdemeanor |
| Kansas | 34 Months | $300,000 | Felony |
| Kentucky | 5 Years | $10,000 | Felony |
| Louisiana | 6 Months | $500 | Misdemeanor |
| Maine | 5 Years | $5,000 | Felony |
| Maryland | 10 Years | $5,000 | Felony |
| Massachusetts | 2.5 Years | $1,000 | Felony |
| Michigan | 4 Years | $2,000 | Felony |
| Minnesota | 5 Years | $10,000 | Felony |
| Mississippi | 6 Months | $1,000 | Misdemeanor |
| Missouri | 4 Years | $5,000 | Felony |
| Montana | 5 Years | $50,000 | Felony |
| Nebraska | 3 Years | $10,000 | Felony |
| Nevada | 4 Years | $5,000 | Felony |
| New Hampshire | 7 Years | $4,000 | Felony |
| New Jersey | 18 Months | $10,000 | Felony |
| New Mexico | 18 Months | $5,000 | Felony |
| New York | 7 Years | $5,000 | Felony |
| North Carolina | 20 Months | $10,000 | Felony |
| North Dakota | 5 Years | $10,000 | Felony |
| Ohio | 5 Years | $10,000 | Felony |
| Oklahoma | 10 Years | $5,000 | Felony |
| Oregon | 5 Years | $125,000 | Felony |
| Pennsylvania | 2 Years | $10,000 | Misdemeanor |
| Rhode Island | 5 Years | $10,000 | Felony |
| South Carolina | 5 Years | $5,000 | Felony |
| South Dakota | 10 Years | $20,000 | Felony |
| Tennessee | 11 Months | $2,500 | Misdemeanor |
| Texas | 10 Years | $10,000 | Felony |
| Utah | 5 Years | $5,000 | Felony |
| Vermont | 5 Years | $10,000 | Felony |
| Virginia | 1 Year | $2,500 | Misdemeanor |
| Washington | 5 Years | $10,000 | Felony |
| West Virginia | 5 Years | $2,500 | Felony |
| Wisconsin | 3.5 Years | $10,000 | Felony |
| Wyoming | 5 Years | $10,000 | Felony |
The three main defenses against a 4th-degree assault charge are:
You can use self-defense against 4th-degree assault charges.
It requires proving that the force used was necessary to prevent imminent harm.
Self-defense is a legal justification for the use of force in response to a perceived threat of harm.
A person must be able to prove that the force used was necessary to prevent the threat of harm.
And that the force used was proportional to the threat.
To do this, the defendant must provide evidence that the threat was real and imminent.
And that the level of force used was necessary to prevent the threat from occurring.
Additionally, a defendant must not have been the aggressor in the situation.
And must have been engaging in lawful activities at the time of the incident.
Proving these elements of self-defense can be difficult against an alleged victim.
But if done successfully, a defendant can get acquitted of 4th-degree assault charges.
Your criminal defense attorney can use a lack of intent against your charges.
Lack of intent means you didn’t mean to hurt someone.
Your assault attorney has to prove that:
This is when your criminal defense attorney proves you didn’t commit the crime.
This may be getting your charges dropped due to a lack of evidence.
Or having a jury trial that can’t make a decision based on the evidence.
You have to prove that you had an honest and reasonable belief that you were in danger.
Fill out the form below if you’re facing a 4th-degree assault conviction.
Our criminal defense attorneys have the experience you need to defend your rights.
This way, you don’t:
You’re a reasonable person and you deserve a fair trial in the criminal justice system.
We can provide you with that.
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