Wichita Bail Bonds Blog

Aggravated assault is classified as a felony in most U.S. jurisdictions because it involves a more serious form of assault, typically including the use of a weapon or causing serious injury. While the exact classification can differ by state, aggravated assault is always treated more severely than simple assault and carries the potential for prison time, fines, and a permanent felony record.

What Makes Assault “Aggravated”?

Aggravated assault is defined by specific factors that elevate the offense from a misdemeanor to a felony. These include,

• Use of a deadly weapon (gun, knife, bat, etc.)
• Intent to cause serious bodily harm
• Actual serious injury inflicted on the victim
• Assault against a protected person (police, firefighter, child, elderly person)
• Assault committed during another felony (such as robbery or burglary)

Even if the victim is not physically injured, the mere use or threat of a deadly weapon can turn a simple threat into a felony-level offense.

Felony Classification of Aggravated Assault

The felony level of aggravated assault differs by state, but is typically classified as,

• Second-degree felony – Common for standard aggravated assault with a weapon or serious injury
• First-degree felony – Reserved for the most serious cases (e.g., assault against law enforcement or involving intent to kill)
• Third-degree felony – Used in some states for less severe aggravated cases or first-time offenders

Regardless of degree, aggravated assault as a felony often carries,

• Prison time ranging from 1 to 20 years or more
• Hefty fines
• Loss of rights such as firearm ownership and voting (during incarceration)
• Long-term impact on employment and housing

Aggravated Assault in Kansas

In Kansas, aggravated assault is typically a severity level 7 person felony. Yet, if certain aggravating factors are present (such as the use of a firearm or assault against a law enforcement officer), the felony level may be higher. Penalties in Kansas can include prison time, probation, and mandatory minimums in some firearm-related cases.

Aggravated assault is a felony offense, most often classified as a second- or first-degree felony depending on the circumstances. It involves a serious threat or act of violence that includes a weapon, intent to harm, or significant injury. A conviction can lead to years in prison and long-term consequences. If facing an aggravated assault charge, it’s critical to seek legal counsel immediately to understand the specific charges and potential defenses.