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How Many Months Is An Aggravated Assault?

How Many Months Is An Aggravated Assault?

The number of months for an aggravated assault sentence depends on the state, the severity of injury, and the defendant’s criminal record. Aggravated assault is a felony offense, and the punishment can range from less than a year in jail to over a decade in prison. On average, sentences for aggravated assault range from 24 to 120 months (2 to 10 years).

Typical Sentencing Ranges

Most states divide aggravated assault penalties by degree or level,

  • Lower-level aggravated assault – 24 to 60 months (2 to 5 years), usually involving minor injuries or no weapon.
  • Mid-level aggravated assault – 60 to 96 months (5 to 8 years), typically when a weapon is used or serious injury occurs.
  • High-level aggravated assault – 96 to 120 months (8 to 10 years), often involving severe harm, deadly weapons, or repeat offenses.

Kansas Example

In Kansas, aggravated assault is classified by severity levels,

  • Aggravated Assault (Level 7 Person Felony) – Can result in 11 to 34 months in prison depending on prior convictions.
  • Aggravated Assault with a Deadly Weapon – Usually leads to longer terms, often 34 to 136 months, depending on the criminal history score and case details.

Judges in Kansas use the sentencing grid to determine the exact number of months. First-time offenders may receive probation, while repeat offenders face longer prison sentences.

Factors That Affect Sentence Length

The number of months sentenced for aggravated assault depends on several factors,

  • Use of a firearm or deadly weapon
  • Seriousness of injury to the victim
  • Criminal history and prior violent offenses
  • Presence of children or vulnerable victims
  • Aggravating or mitigating circumstances

Probation & Reduced Sentences

In some cases, especially for first-time offenders or when no severe injury occurs, judges may grant probation instead of prison time. Probation usually lasts between 12 and 36 months and includes conditions such as counseling, community service, and no-contact orders.

Aggravated assault sentences typically range from 24 to 120 months, depending on the severity of the crime, the use of weapons, and the defendant’s prior record. In Kansas, sentences often fall between 11 and 136 months based on the sentencing grid and case details.

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