In North Dakota, there is more than one type of assault charge. Understanding these differences is essential so you can effectively defend yourself and help your attorney advocate for you.
Simple assault
The most basic type of assault in North Dakota is simple assault. If a person willfully causes bodily injury to another person or negligently causes harm to another person using a weapon, they commit simple assault.
Aggravated assault
This type of assault is much more severe than simple assault. A person must willfully cause serious physical injury to another person or cause bodily injury with a dangerous weapon or use means that would likely lead to death or serious physical harm.
Domestic violence assault
This type of assault involves committing an assault against a family member or someone with whom you live. It can be a spouse, an ex-spouse, partners, people with a child, parents, children, or anyone residing together.
Jurisdiction
Assault charges fall under the jurisdiction of North Dakota state courts. The primary differences between the charges lie in the intent, how severe the injury is, whether weapons were used and if there is a relationship between the perpetrator and victim.
Penalties for assault
Simple assault, for example, involves less severe injuries and no weapons, and its penalties are up to 30 days in jail and a reasonably small fine.
Aggravated assault, on the other hand, includes serious injuries or the use of weapons, and the penalties for this crime go up to a maximum of 5 years in prison and a fine of up to $10,000.
Domestic violence assault, when it is a first offense, carries a penalty of up to 30 days in jail and a $1500 fine.
Understanding the different kinds of assault in North Dakota is vital because every change is distinct. If you face allegations of any of the above, ensure you secure legal representation immediately and are honest and transparent with your attorney so they can best help you.