Is Assault a Felony? Simple vs Aggravated Assault in Your State (2026)

In every U.S. state and under federal law, the answer to "Is assault a felony?" is the same: it depends on the circumstances. Simple assault — a threat of imminent harm, a shove, or a fistfight with minor or no injury — is a misdemeanor, punishable by up to a year in jail or less. Aggravated assault — the same conduct elevated by serious injury, a deadly weapon, intent to commit another felony, or the status of the victim — is a felony, punishable by years in state prison and sometimes by life.

The dividing line is not the word "assault" on the charging document but the specific facts. A punch that leaves a bruise is usually a misdemeanor. That same punch becomes a felony if it breaks a bone (serious bodily injury), if a bottle was used (deadly weapon), if the victim was a police officer on duty (protected victim), or if the punch was thrown during a robbery (intent to commit a felony). The defendant's criminal history can also elevate a misdemeanor to a felony in several states, particularly for repeat domestic-violence offenses.

A handful of states have quirks that can trip up a casual reader. California's aggravated assault (Penal Code § 245) is a "wobbler" — it can be filed as either a misdemeanor or a felony at the prosecutor's discretion. Louisiana's offense literally named "aggravated assault" (Rev. Stat. § 14:37) is still a misdemeanor with a six-month maximum; felony treatment only kicks in for the peace-officer or firearm-specific variants. Michigan's "aggravated assault" (MCL 750.81a) is a "high court misdemeanor," not a true felony. And Arkansas keeps all degrees of "assault" as misdemeanors, reserving the felony tier for "battery." These are exceptions; the nationwide rule is simple = misdemeanor, aggravated = felony.

The practical stakes are enormous. A misdemeanor assault conviction typically means up to a year in county jail, probation, and a criminal record that may be expungeable. A felony assault conviction can mean years in state prison, a lifetime firearm ban, immigration consequences for non-citizens (deportation under 8 U.S.C. § 1227(a)(2)(A)(iii) for an "aggravated felony" or crime of violence), loss of professional licenses, and a permanent record that resists expungement. Because the same physical act can be charged either way, the specific statute subsection and the presence (or absence) of each elevating factor is the single most important variable in an assault case.

Simple assault is the base-level offense. In most states it covers one of three things: (1) an intentional act that places another person in reasonable apprehension of imminent harmful or offensive contact (the threat, with no contact required), (2) an attempt to cause bodily injury that falls short, or (3) actually causing minor bodily injury (physical pain or impairment) without a weapon. The mental state is typically intentional, knowing, or reckless. Simple assault is universally a misdemeanor, with maximums ranging from 30 days (Texas Class C, threat-only) to 364 days (many states set the cap one day below a year to avoid federal immigration consequences for non-citizens).

Aggravated assault is the felony tier. It is the same core conduct — a threat, an attempt, or an actual injury — plus one or more "aggravating" factors that increase the danger or culpability. The five nearly-universal elevating factors are: (1) serious bodily injury (sometimes called "great bodily harm" or "serious physical injury" — an injury creating a substantial risk of death, permanent disfigurement, or protracted loss or impairment of a body part or organ); (2) use of a deadly weapon or dangerous instrument; (3) intent to commit a separate felony (like robbery, sexual assault, or burglary); (4) the status of the victim (a law enforcement officer, firefighter, EMT, healthcare worker, judge, corrections officer, child, elderly person, or disabled person); and (5) strangulation or impeding breathing/blood circulation.

The injury distinction matters enormously. "Bodily injury" (physical pain, illness, or any impairment of physical condition) is the misdemeanor threshold in most states. "Serious bodily injury" (or "great bodily harm," "serious physical injury") is the felony threshold. The line is not always intuitive: a broken nose, a deep laceration requiring stitches, a concussion, or any injury requiring hospitalization will almost always qualify as "serious." A bruise, a scrape, or temporary soreness usually does not. Prosecutors and courts look at the medical evidence — ER records, imaging, treating-physician statements — to make this call.

The weapon distinction is similarly broad. A "deadly weapon" or "dangerous instrument" is not limited to guns and knives. In most states, any object that, in the manner it is used or attempted to be used, is capable of causing death or serious bodily injury qualifies. That includes baseball bats, bottles, vehicles, heavy tools, and even shod feet (a shod foot kicking someone in the head can be a deadly weapon in many jurisdictions). The weapon need not actually cause injury — present ability and intent to do bodily harm suffice for the felony. Federal law (18 U.S.C. § 113(a)(3)) and most state statutes explicitly cover a weapon that fails to cause injury only because of a defect or the victim's escape.

At common law, assault and battery were two distinct crimes. Assault was the intentional act of placing another person in reasonable apprehension of imminent harmful or offensive contact — no touching required. The classic example is winding up to punch someone who sees the punch coming and flinches; the punch need not land. Battery was the actual intentional infliction of harmful or offensive physical contact — the punch landing. Where both occurred (the victim saw the blow coming and was then struck), the combined offense was called "assault and battery."

Modern state law splits into two camps. Roughly half the states still keep assault (the threat) and battery (the contact) as separate statutory offenses. In these states — California (Penal Code §§ 240, 242), Texas (Penal Code § 22.01), Florida (§§ 784.011, 784.03), Georgia (O.C.G.A. §§ 16-5-20, 16-5-23), Illinois (720 ILCS 5/12-1, 12-3), Nevada (NRS §§ 200.471, 200.481), and others — a verbal threat with present ability is "assault" even if no one is touched, and the actual touching is "battery."

The other half have merged the two into a single statutory offense called "assault" that covers both the threat and the contact. Missouri, Wisconsin, Massachusetts, Indiana, and others take this approach. In these states, what would have been "battery" at common law is simply called "assault," and the grading depends on injury level, weapon use, and victim status rather than on whether contact occurred. A few states (Arkansas) go the other direction, keeping "assault" as the threat-only misdemeanor tier and reserving "battery" for the contact/injury tiers that range up to felony.

For practical purposes, the label matters less than the grading. Whether the charging document says "assault," "battery," or "assault and battery," the key questions are the same: Was there serious bodily injury or only minor injury? Was a deadly weapon used? Was the victim a protected person? Was there intent to commit another felony? The answers to those questions determine whether the charge is a misdemeanor or a felony — not the word the statute uses.

One important nuance: in states that separate assault (threat) from battery (contact), an assault charge can be a misdemeanor even when the conduct sounds serious, because no contact occurred. Conversely, in merged states, the same threat-and-contact sequence is a single charge, and the grading can move from misdemeanor to felony based on the contact alone. Defense attorneys and self-represented defendants should always read the specific subsection charged, not just the title of the offense.

Assault becomes a felony when one or more "aggravating" factors are present. The five factors below are the near-universal elevators nationwide; a sixth (prior convictions) applies in a growing number of states.

1. Serious bodily injury. Every state distinguishes between "bodily injury" (misdemeanor territory) and "serious bodily injury" (felony territory). The federal definition, 18 U.S.C. § 1365, is typical: serious bodily injury means bodily injury involving a substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. Broken bones, deep lacerations requiring stitches, concussions, injuries requiring surgery or hospitalization, and injuries creating a real risk of death all qualify. A black eye, a bruise, or a scrape usually does not.

2. Deadly weapon. Using or exhibiting a deadly weapon or dangerous instrument during an assault elevates it to a felony in every state. The weapon need not cause injury — present ability and intent to do bodily harm suffice. The definition of "deadly weapon" is broad: any object that, in the manner used or attempted, is capable of causing death or serious bodily injury. That includes guns, knives, bats, bottles, vehicles, and in some states even shod feet or bare hands used in strangulation. Federal law treats assault with a dangerous weapon as a felony carrying up to 10 years (18 U.S.C. § 113(a)(3)).

3. Intent to commit a separate felony. If the assault is committed with the intent to commit, or in the course of committing, another felony (robbery, sexual assault, burglary, kidnapping, arson), it is a felony in every state. This is sometimes called "assault with intent to commit a felony" and carries some of the highest maximums — up to 20 years federally (18 U.S.C. § 113(a)(2)) and up to life in states like Idaho (§ 18-909, assault with intent to commit a serious felony) and Oklahoma (§ 652, shooting with intent to kill).

4. Victim status. Assaulting a protected person elevates the offense to a felony in every state. The protected list always includes law enforcement officers, firefighters, and EMTs (usually while on duty). Most states extend it to healthcare workers, judges, prosecutors, corrections officers, transit operators, school employees, and security guards. A second category of protected victims — children (typically under 12, 14, or 16 depending on the state), elderly persons (typically 65 or 70+), and disabled or vulnerable persons — also elevates to felony in most states, often with mandatory minimums.

5. Strangulation and disfigurement. Strangulation (impeding breathing or blood circulation by pressure on the throat or neck, or blocking the nose or mouth) is now a felony elevating factor in nearly every state and under federal law (18 U.S.C. § 113(a)(8), up to 10 years). Many states (New Hampshire RSA 631:2(I)(c), South Dakota § 22-18-1.1(8), West Virginia § 61-2-9d) have made strangulation a standalone felony. Intent to permanently disfigure, or causing permanent disfigurement, is a separate felony trigger nationwide and is the hallmark of the highest-tier assault statutes (e.g., Virginia malicious wounding, § 18.2-51).

Assaulting a law enforcement officer is treated more severely than assaulting an ordinary person in every U.S. jurisdiction. In most states, the offense is automatically a felony (or elevated by one or more degrees) when the victim is an on-duty peace officer, firefighter, EMT, or other first responder. Mandatory minimum sentences are common, and several states impose them even when the injury is minor.

Federal law (18 U.S.C. § 111) makes assaulting, resisting, or impeding a federal officer a tiered offense: simple assault only is a misdemeanor (up to 1 year); physical contact with the victim OR intent to commit another felony is a felony (up to 8 years); use of a deadly or dangerous weapon OR infliction of bodily injury is a felony (up to 20 years). 18 U.S.C. § 115 extends similar protections to the families of federal officials, with penalties up to 30 years for serious bodily injury or use of a dangerous weapon.

At the state level, the elevating mechanisms vary. Some states (Florida § 784.07, Alabama § 13A-6-21, Tennessee § 39-13-102) reclassify the offense to a higher felony degree when the victim is a LEO, with mandatory minimums (Florida: 3 years for aggravated assault on a LEO; Tennessee: 90-day mandatory minimum + $15,000 fine for assault on a first responder or nurse). Others (Texas § 22.01(b), Virginia § 18.2-57(C)) make assault on an officer a standalone felony even when the underlying conduct would be a misdemeanor against an ordinary person. Virginia imposes a 6-month mandatory minimum; Texas elevates bodily-injury assault on an officer from a Class A misdemeanor to a 3rd-degree felony (2–10 years).

The protected class has expanded steadily. Most states now cover not just sworn officers but also firefighters, EMTs, paramedics, corrections officers, probation and parole officers, judges, prosecutors, public defenders, court clerks, transit operators, school teachers and administrators, healthcare workers (often specifically including nurses and ER staff), and in some states utility workers, sports officials, and process servers. The trend is toward broader coverage and harsher penalties, particularly post-2020. If the victim was performing official duties at the time of the assault, the enhancement almost always applies regardless of whether the defendant knew the victim's status.

While the simple/aggravated misdemeanor/felony framework is national, the details vary enough that the same conduct can produce very different outcomes depending on the state. Understanding these differences is essential for anyone facing charges, advising someone who is, or simply trying to compare jurisdictions.

Wobbler states. California (Penal Code § 245), and to a lesser extent a few others, allow the prosecutor to file aggravated assault as either a misdemeanor or a felony. This prosecutorial discretion is powerful: a felony filing triggers Three Strikes exposure, a lifetime firearm ban, and immigration consequences, while a misdemeanor filing does not. Defense counsel in wobbler states often push hard at the pre-filing stage to influence the charging decision. Even after a felony conviction, California's "wobbler" reduction (PC § 17(b)) allows a judge to reduce the offense to a misdemeanor post-conviction, restoring firearm rights and eliminating strike status.

Mandatory minimums. Many states impose mandatory minimum sentences that judges cannot suspend or reduce. Florida requires 3 years for aggravated assault on a LEO or on a person 65+ (§§ 784.07, 784.08). Connecticut requires 5 years nonsuspendable for 1st-degree assault with a deadly weapon and 10 years if the victim is under 10 (§ 53a-59). Oregon's Measure 11 imposes mandatory minimums on Assault 1 (7 years 6 months) and Assault 2 (5 years 10 months) with no early release. Alabama requires 10 years when a firearm is used in 1st- or 2nd-degree assault. These mandatory minimums constrain plea bargaining and make the charging decision itself the most important variable.

Three strikes and persistent offender laws. In California, felony ADW (§ 245) is a "strike" that doubles the sentence on any future felony and can lead to 25-to-life on a third strike. In Washington, 1st- and 2nd-degree assault are "strike" offenses under the persistent offender law. In Texas, a deadly-weapon finding on aggravated assault is a "3g" offense requiring the defendant to serve at least half the sentence before parole eligibility and barring judge-ordered probation. In Georgia, aggravated assault is a "serious violent felony" requiring 100% of the sentence served (§ 17-10-6.1). These enhancements operate on top of the base felony range and can dramatically increase actual time served.

Stand-your-ground and self-defense. Several states (Florida § 776.012, Colorado § 18-1-704.5 "Make My Day," Texas Penal Code § 9.31, Arizona ARS 13-405) have strong self-defense or stand-your-ground laws that can provide complete immunity from prosecution for justified use of force. In these states, a successful self-defense claim defeats an assault charge entirely, regardless of injury level or weapon. The burden is on the prosecution to disprove self-defense beyond a reasonable doubt. This is a powerful defense in assault cases and is one reason why the specific sequence of events — who started it, who escalated, whether the defendant was in a place they had a right to be — matters as much as the injury level.

Expungement and collateral consequences. Felony assault convictions are generally harder to expunge than misdemeanors and carry more collateral consequences: lifetime firearm ban under federal law (18 U.S.C. § 922(g)(1)), immigration consequences (deportation for "aggravated felony" and "crime of violence" under 8 U.S.C. §§ 1227(a)(2)(A)(iii), 1101(a)(43)(F)), loss of professional licenses, bars to certain employment, and in some states loss of voting rights while incarcerated or on parole. Misdemeanor assault convictions are more often expungeable, particularly after a waiting period, and carry fewer collateral consequences — though a domestic-violence-related misdemeanor assault still triggers a federal firearm ban under 18 U.S.C. § 922(g)(9).

The direct penalties for an assault conviction range from a few days in county jail for a misdemeanor to decades in state prison for the most serious aggravated felonies. But the collateral consequences — the civil disabilities that follow a conviction after the sentence is served — are often more lasting and more damaging than the incarceration itself.

Incarceration ranges. Misdemeanor simple assault typically carries up to 30 days to 364 days in county jail, plus fines ranging from $500 to $2,500. Maryland is an outlier with a 10-year maximum on 2nd-degree assault, even as a misdemeanor. Felony aggravated assault maximums range widely: 3–5 years at the low end (Oregon Class C, Utah 3rd degree, Ohio F4 aggravated), 10–20 years in the middle tier (Class B/2nd-degree felonies in many states), and up to life at the top (Virginia Class 2 aggravated malicious wounding 20-to-life, Montana 20 years, Texas 1st-degree 5–99 years, New York Class B 5–25 years, Washington Class A up to life). Federal maximums run from 1 year (simple assault, § 113(a)(4)-(5)) to 20 years (assault with intent to commit murder, § 113(a)(1); assault on a federal officer with a weapon, § 111(b)).

Probation and parole. Misdemeanor assault is often probation-eligible, meaning the defendant may serve little or no jail time if they complete probation conditions (anger management, community service, no-contact orders, substance abuse treatment). Felony aggravated assault is probation-eligible in some states but not others. Texas bars judge-ordered probation for "3g" offenses (aggravated assault with a deadly-weapon finding); only a jury can recommend probation, and only for sentences under 10 years. Oregon's Measure 11 felonies carry mandatory prison with no probation. Georgia's "serious violent felony" designation requires 100% of the sentence served with no parole. Parole has been abolished in many states (Virginia, Delaware, Maine, and others use truth-in-sentencing), meaning the defendant serves a set percentage of the imposed sentence.

Firearm rights. A felony assault conviction triggers a lifetime federal firearm ban under 18 U.S.C. § 922(g)(1). This applies nationwide regardless of state law. A misdemeanor domestic-violence assault conviction also triggers a lifetime federal firearm ban under 18 U.S.C. § 922(g)(9) — the so-called Lautenberg Amendment. Restoring firearm rights after a felony assault conviction is difficult and in some states (California, for a "strike" felony) effectively impossible.

Immigration consequences. For non-citizens, an assault conviction can be devastating. A conviction for a "crime of violence" under 18 U.S.C. § 16 (which includes most aggravated assaults) is deportable under 8 U.S.C. § 1227(a)(2)(A)(iii). An "aggravated felony" under 8 U.S.C. § 1101(a)(43)(F) — which includes crimes of violence for which the sentence is at least one year — is both deportable and a permanent bar to most forms of immigration relief, including cancellation of removal and naturalization. Even a misdemeanor assault with a domestic-violence finding can trigger deportability under the domestic-violence ground (8 U.S.C. § 1227(a)(2)(E)). This is why several states (California, Colorado, Connecticut, New York) set their misdemeanor maximums at 364 days rather than 365 — to avoid the one-year sentencing threshold that converts a misdemeanor into an "aggravated felony" for immigration purposes.

Professional and civil consequences. An assault conviction can trigger discipline or revocation of professional licenses (nursing, medicine, law, teaching, security, childcare). It can disqualify the person from housing (landlord background checks), from certain employment (especially involving vulnerable populations), and from volunteering with youth organizations. A felony conviction results in loss of voting rights while incarcerated in every state and, in several states, for a period after release or permanently. A domestic-violence-related assault can affect child custody determinations and trigger restraining orders that last for years. Restitution to the victim for medical bills, lost wages, and property damage is standard in every state.

If you are charged with assault — misdemeanor or felony — the single most important thing you can do is consult a criminal defense attorney as early as possible. In the United States, if you cannot afford an attorney, the court must appoint one for you at no cost (public defender or appointed counsel). Do not try to talk your way out of it, do not contact the alleged victim, and do not post about the incident on social media. Anything you say can and will be used against you.

Understand the specific charge. Ask your attorney exactly which statute subsection you are charged under and what the maximum penalty is. The difference between subsection (a)(1) and (a)(3) of the same assault statute can be the difference between a misdemeanor and a felony, or between 5 years and 20 years. Ask whether the charge is a wobbler (can be filed as misdemeanor or felony), whether there are mandatory minimums, and whether the offense counts as a "strike," "crime of violence," or "aggravated felony" for enhancement purposes. The charging document is not the final word — prosecutors can amend charges up to and during trial, and defense counsel can sometimes negotiate a reduction to a lesser subsection or a lesser offense.

Identify the elevating factors. The prosecution must prove every element of the charged offense beyond a reasonable doubt, including each aggravating factor. If the charge is aggravated assault based on "serious bodily injury," the defense can challenge whether the injury actually meets the statutory definition (a bruise is not serious bodily injury; a broken bone is). If the charge is based on a deadly weapon, the defense can challenge whether the object actually qualifies under the statute. If the charge is based on the victim being a police officer, the defense can challenge whether the officer was on duty and performing official duties. Each factor the prosecution cannot prove beyond a reasonable doubt reduces the offense toward simple misdemeanor assault.

Consider the defenses. Self-defense is the most common and most powerful defense to assault: you reasonably believed force was immediately necessary to protect yourself, you used only proportional force, and you were not the initial aggressor. Other defenses include defense of others, defense of property (limited), lack of intent (the contact was accidental), lack of present ability (you could not actually carry out the threatened harm), mistaken identity, alibi, and constitutional challenges (unlawful arrest, Miranda violations, insufficient evidence). In domestic-violence cases, false allegations and self-defense by the actual victim are common defenses. Your attorney can also file pretrial motions to suppress evidence, dismiss charges, or compel discovery.

Negotiate or go to trial. Most assault cases resolve through plea negotiation — often to a reduced charge (e.g., aggravated assault reduced to simple assault, or assault reduced to disorderly conduct) with a sentence recommendation. A favorable plea can avoid a felony conviction, a mandatory minimum, or a strike. If the evidence is weak or the defense is strong, going to trial may be the better option. In a trial, the prosecution must prove every element beyond a reasonable doubt to a unanimous jury (or a judge in a bench trial). A not-guilty verdict ends the case; a guilty verdict triggers sentencing. Either way, do not make decisions about plea vs. trial without a full review of the evidence (police reports, witness statements, medical records, 911 calls, body-cam footage) with your attorney.

This is informational only, not legal advice. Assault law varies by state, by jurisdiction, and by the specific facts of each case. If you are facing charges, the only reliable source of guidance is a licensed attorney in your state who knows the local courts, prosecutors, and judges. The information here is a starting point for understanding the landscape, not a substitute for representation.