Habitual Misdemeanor Assault

If you have been charged with Habitual Misdemeanor Assault, it is important that you have the benefit of an experienced and knowledgeable criminal defense attorney.  An experienced and knowledgeable criminal defense attorney knows what  must be proved, what will result from a conviction, as well as any potential defense to the charge.  David Q. Burgess, who is available for a free consultation at (704) 377-9800, is a knowledgeable criminal defense attorney with sixteen years of experience who knows what must be proved, what the consequences are, and what may be available as a defense.

In order to prove Habitual Misdemeanor Assault it must be shown that the person assaulted a female, the person was at least 18 years of age at the time of the assault, the person has two or more prior convictions for either misdemeanor or felony assault or assault by pointing a gun, and the earlier of the two prior convictions occurred no more than 15 years prior to the date of the current assault.

Assault is defined as either an intentional application of force, however slight, directly or indirectly, to the body of another person without that person’s consent, an intentional, offensive touching of another person without that person’s consent, an overt act or attempt, or the unequivocal appearance of an attempt, with force and violence, to do some immediate physical injury to the person of another, which show of force or menace of violence must be sufficient to put a person of reasonable firmness in fear of immediate bodily harm, or an intentional attempt, by violence, to do injury to the person of another.

An intentional act may involve either general intent or specific intent.  Specific intent is a mental purpose, aim, or design to accomplish a specific harm or result.  General intent is a mental purpose, aim, or design to perform an act, even though the actor does not necessarily desire the consequences that result.  Intent is a mental attitude seldom provable by direct evidence; instead, it must ordinarily be proved by circumstances from which it may be inferred.  Whether a person acted with such intent is determined based on such just and reasonable deductions from the circumstances proven as a reasonably prudent person would ordinarily draw therefrom.

Habitual Misdemeanor Assault a Class H felony.  Depending upon the defendants criminal conviction history, a Class H felony is punishable by either an intermediate probationary sentence or an active sentence.  Under a intermediate probationary sentence, the defendant is sentenced to an amount of time of incarceration and that time is suspended.  If the defendant violates the terms of probation, the probation may be revoked and the defendant will be required to serve an active sentence.

Where the defendant has zero to one criminal history points, the judge can only order a probationary sentence with a suspended period of incarceration of between 8 to 10 months followed by 9 months of post-release supervision.

Where the defendant has 2 to 5 criminal history points, the judge may order either an intermediate probationary sentence or an active sentence with a  period of incarceration of up to 10 to 12 months followed by 9 months of post-release supervision.

Where the defendant has 6 to 9 criminal history points, the judge may order either an intermediate probationary sentence or an active sentence with a  period of incarceration of up to 12 to 15 months followed by 9 months of post-release supervision.

Where the defendant has 10 to 13  criminal history points, the judge may order either an intermediate probationary sentence or an active sentence with a  period of incarceration of up to 14 to 17 months followed by 9 months of post-release supervision.

Where the defendant has 14 to 17 criminal history points, the judge may order either an intermediate probationary sentence or an active sentence with a  period of incarceration of up to 19 to 23 months followed by 9 months of post-release supervision.

Where the defendant has 18 or more criminal history points, the judge must order an active sentence with a period of incarceration of up to 25 to 30 months followed by 9 months of post-release supervision.

Self-Defense is a defense to Habitual Misdemeanor Assault.

If youve been charged with Habitual Misdemeanor Assault, call David Q. Burgess for a free consultation at (704) 377-9800.