If the alleged victim has a broken bone, broken nose or received stitches then the assault is generally charged as Domestic Violence Assault second degree.Ĭhoking or Strangulation: Second, if there is an allegation of choking or blocking of the airway of the victim then the crime will generally be charged as Domestic Violence Assault 2nd degree. Injury: First, is injury to the alleged victim. There are three reasons why a domestic violence assault will be charged as a 2nd degree felony, rather than a misdemeanor. It is the most frequently and commonly filed domestic violence felony. 2nd degree assault is punishable by up to ten years incarceration and a fine of $20,000 and loss of gun rights.įELONY: This charge is a felony and will be handled at the Superior Court of your county. A person charged with Assault in the 2nd degree is typically alleged to have intentionally assaulted another and thereby recklessly inflicted substantial bodily harm, assaulted another with a deadly weapon, with intent to commit a felony, or assaulted another by strangulation or suffocation.
2nd Degree Assault- Domestic Violence: Class B Felony, unless sexual motivation (rape) was the reason for the assault.
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