Non-sexual assault is broken up into degrees -- first and second.
First degree assault requires proving all of the elements of a second degree assault and (1) that the defendant used a firearm to commit the assault or (2) that the defendant intended to cause serious physical injury in the commission of the assault.
Second degree assault is subcategorized depending on the facts of each case.
(A) Intent to Frighten Assault is the intentional frightening of another person with the threat of immediate offensive physical contact. The State must prove: (1) that the defendant committed an act with the intent to place the victim in fear of immediate physical contact or harm, (2) that the defendant had the apparent ability, at that time, to bring about the physical contact, (3) that the victim reasonably feared immediate offensive physical contact and (4) that the defendant's actions were not legally justified.
(B) Battery Assault can also be (1) the causing of offensive physical contact with the victim, (2) that the contact was the result of an intentional or reckless act of the defendant and was not accidental and (3) that the contact was not consented to by the victim and not legally justified.
The penalty for assault in the first degree is imprisonment for not more than 25 years. The penalty for second degree assault is imprisonment for not more than 10 years and/or a fine of $2,500.00
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