What Is Felonious Assault?
2 months ago by Brian
According to reliable statistics released by the FBI, there were believed to be 821,182 aggravated assaults in the US in 2019, with this number having increased in recent years. In addition, there are hundreds of thousands of felonious assaults in America each year, with numerous individuals charged.
If you or someone you love is facing felonious assault charges, you need to learn more about what this type of charge is and if there are defenses against it before it’s too late. At JS Defense, PA, our attorneys can help you if you’re facing felonious assault charges.
We can share insight into the next steps needed, and depending on the circumstances of your case, we could get the charges reduced or dropped. Yet before you seek assistance, learn more about felonious assault in our blog.
What Is Felonious Assault?
According to Law Insider: “Felonious Assault means a violent or criminal act reported to the local authorities which was directed at you during the course of, or an attempt of, a physical assault resulting in serious injury, kidnapping, or rape.”
Typically, felonious assault is a felony of the second degree in the state of Minnesota. If you are found guilty of felonious assault because you assaulted another individual with a dangerous weapon to inflict substantial bodily harm, you could be sentenced to imprisonment for up to ten years. You could also be made to pay a fine of up to $20,000 or both. It’s important also to note that a felonious assault conviction cannot be expunged from your record.
Examples of felonious assaults include the following:
- Almost all forms of sexual assault.
- Engaging in sexual intercourse with another person without telling them you’re HIV. A felonious assault can also be brought if you’re HIV positive and slept with an individual who was under 18 or with someone who didn’t have the mental capacity to understand the risks.
- Intentionally or knowingly causing physical harm to an individual, including an unborn child.
- Attacking an infant or child with or without a weapon.
In addition, below are a few examples of what can be deemed a felonious weapon:
- Hammer
- Scissors
- Broken glass
- Kitchen knives
- Rope
- Pillow
- Rock
- Hammer
- Scissors
What Are Possible Defenses To Felonious Assault Charges
If you have been charged with felonious assault, there are a few defenses you could use to have your sentence dropped or reduced. We’ve listed a few of the most common defenses below, but this list is not complete, and you should speak with a Minnesota criminal defense attorney to discuss your options.
- Self-defense: If you reacted violently to someone trying to attack you and you’ve been charged with felonious assault, you could claim self-defense. In many instances, charges are dropped or reduced if you prove that you acted in self-defense against an attacker.
- A false accusation: If someone lied to try and set you up for a crime you didn’t commit, you could use the ‘false accusation’ defense. Unfortunately, it’s not uncommon for an alleged victim to get someone arrested for assault when no assault occurred.
- Insufficient evidence: For an arrest to occur, there must be probable cause whereby a police officer believes a crime was committed. If there is insufficient evidence that you committed a felonious assault, prosecuting attorneys cannot prove that you committed the crime you’ve been charged with without a reasonable doubt. Thus, your attorney can work with you to have your case dismissed.
Speak With A Minnesota Criminal Defence Attorney Today To Discuss Your Case
At JS Defense, PA, we believe that every client who walks through our doors is innocent until proven guilty, and we do our best to ensure your innocence is proven in cases involving felonious assault charges. By meticulously analyzing the available evidence, we will work alongside you to ensure our Minnesota criminal defense attorneys leave no stone unturned. If you want to increase your chances of achieving a favorable case outcome, you can speak with us here, and we’ll arrange a consultation.
