Violent Crimes

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Assault (39-13-101)

ExcerptA person commits assault who:

     (1)  Intentionally, knowingly or recklessly causes bodily injury to another;

     (2)  Intentionally or knowingly causes another to reasonably fear imminent bodily injury; or

     (3)  Intentionally or knowingly causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative.

  • Assault is a Class A misdemeanor unless the offense is committed under (3), in which event assault is a Class B misdemeanor; provided, that, if the offense is committed against a law enforcement officer under this section, then the maximum fine shall be five thousand dollars ($5,000).

Penalties include:

  • Class A Misdemeanor. Not greater than eleven (11) months twenty-nine (29) days in jail or a fine not to exceed two thousand five hundred dollars ($2,500), or both, unless otherwise provided by statute.
  • Class B Misdemeanor. Not greater than six (6) months in jail or a fine not to exceed five hundred dollars ($500), or both, unless otherwise provided by statute.

Domestic Abuse (39-13-101,36-3-601)

Excerpt: A person commits assault who:

     (1)  Intentionally, knowingly or recklessly causes bodily injury to another;

     (2)  Intentionally or knowingly causes another to reasonably fear imminent bodily injury; or

     (3)  Intentionally or knowingly causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative.

Excerpt: Domestic abuse is committed against a victim, defined as:

  1. Adults or minors who are current or former spouses;
  2. Adults or minors who live together or who have lived together;
  3. Adults or minors who are dating or who have dated or who have or had a sexual relationship, [as used herein, dating/dated do not include fraternization between two (2) individuals in a business or social context];
  4. Adults or minors related by blood or adoption;
  5. Adults or minors who are related or were formerly related by marriage; or
  6. Adult or minor children of a person in a relationship that is described above.
  • Domestic Abuse is a Class A Misdemeanor

Penalties include:

  • Not greater than eleven (11) months twenty-nine (29) days in jail or a fine not to exceed two thousand five hundred dollars ($2,500), or both, unless otherwise provided by statute
  • As determined by the court, it can impose a fine at the level of the defendant’s ability to pay, but not in excess of two hundred dollars ($200).

False Imprisonment or Kidnapping (55-10-401,55-10-403)

Excerpt: A person commits the offense of false imprisonment who knowingly removes or confines another unlawfully so as to interfere substantially with the other’s liberty.

  • False imprisonment is a Class A Misdemeanor

Excerpt: Kidnapping is false imprisonment under circumstances exposing the other person to substantial risk of bodily injury.

  • Kidnapping is a Class C Felony

Penalties include:

  • Class A Misdemeanor. Not greater than eleven (11) months twenty-nine (29) days in jail or a fine not to exceed two thousand five hundred dollars ($2,500), or both, unless otherwise provided by statute
  • Class C Felony. Not less than three (3) years nor more than fifteen (15) years in prison. In addition, the jury may assess a fine not to exceed ten thousand dollars ($10,000), unless otherwise provided by statute.

Robbery (39-13-401 to 403)

Excerpt: Robbery is the intentional or knowing theft of property from the person of another by violence or putting the person in fear.

  • Robbery is a Class C Felony

Aggravated robbery is robbery:

  1. Accomplished with a deadly weapon or by display of any article used or fashioned to lead the victim to reasonably believe it to be a deadly weapon; or
  2. Where the victim suffers serious bodily injury.
  • Aggravated robbery is a Class B Felony

Especially aggravated robbery is robbery:

  1. Accomplished with a deadly weapon; and
  2. Where the victim suffers serious bodily injury.
  • Especially aggravated robbery is a Class A Felony.

Penalties include:

  • Class C Felony. Not less than three (3) years nor more than fifteen (15) years in prison. In addition, the jury may assess a fine not to exceed ten thousand dollars ($10,000), unless otherwise provided by statute.
  • Class B Felony. Not less than eight (8) nor more than thirty (30) years in prison. In addition, the jury may assess a fine not to exceed twenty-five thousand dollars ($25,000), unless otherwise provided by statute.
  • Class A Felony. Not less than fifteen (15) nor more than sixty (60) years in prison. In addition, the jury may assess a fine not to exceed fifty thousand dollars ($50,000), unless otherwise provided by statute.

Burglary (39-14-402 to 404)

Excerpt: A person commits burglary who, without the effective consent of the property owner:

  1. Enters a building other than a habitation (or any portion thereof) not open to the public, with intent to commit a felony, theft or assault;
  2. Remains concealed, with the intent to commit a felony, theft or assault, in a building;
  3. Enters a building and commits or attempts to commit a felony, theft or assault; or
  4. Enters any freight or passenger car, automobile, truck, trailer, boat, airplane or other motor vehicle with intent to commit a felony, theft or assault or commits or attempts to commit a felony, theft or assault.

Aggravated burglary is burglary of a habitation.

  • Aggravated burglary is a Class C Felony

Especially aggravated burglary is:

  1. Burglary of a habitation or building other than a habitation; and
  2. Where the victim suffers serious bodily injury.
  • Especially aggravated burglary is a Class B Felony.

Penalties include:

  • Class C Felony. Not less than three (3) years nor more than fifteen (15) years in prison. In addition, the jury may assess a fine not to exceed ten thousand dollars ($10,000), unless otherwise provided by statute.
  • Class B Felony. Not less than eight (8) nor more than thirty (30) years in prison. In addition, the jury may assess a fine not to exceed twenty-five thousand dollars ($25,000), unless otherwise provided by statute.

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