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Aggravated assault: penalties in each state and country

An assault made worse by a weapon, by serious injury, or by the victim's position. States use different names for the same conduct.

What to look for: Several states have no offence with this name, so the closest offences are shown and named.

These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. Not legal advice.

34 states covered so far

Alabama

1 year and 1 day to 10 years (second degree) up to 20 years (first degree)

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Alaska

Up to 10 years (second degree) up to 20 years (first degree)

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  • Assault in the second degree (Class B felony)

    Least
    No minimum term set by the statute
    Most
    10 years
    Fine
    Up to $100,000

    Presumptive range for a first felony conviction: 1 to 3 years (higher in some listed circumstances). The court may adjust it under AS 12.55.155 to 12.55.175.

    AS 11.41.210; AS 12.55.125(d); AS 12.55.035(b)

  • Assault in the first degree (Class A felony)

    Least
    No minimum term set by the statute
    Most
    20 years
    Fine
    Up to $250,000

    Presumptive range for a first felony conviction: 4 to 7 years (7 to 11 years if a firearm or dangerous instrument was used or serious physical injury or death was caused). The court may adjust it under AS 12.55.155 to 12.55.175.

    AS 11.41.200; AS 12.55.125(c); AS 12.55.035(b)

Arizona

0.33 to 2 years (Class 6) up to 3 to 12.5 years (Class 2)

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  • Aggravated assault (Class 6 forms) (Class 6 felony)

    Least
    0.33 years (about 4 months)
    Most
    2 years
    Fine
    Fine of up to $150,000

    A first offence: usual term 1 year, between 0.5 and 1.5 years; about 4 months if mitigated and 2 years if aggravated (§ 13-702).

    A.R.S. § 13-1204; § 13-702; § 13-801

  • Aggravated assault (Class 4 forms) (Class 4 felony)

    Least
    1 year
    Most
    3.75 years
    Fine
    Fine of up to $150,000

    A first offence: usual term 2.5 years, between 1.5 and 3 years; 1 year if mitigated and 3.75 years if aggravated (§ 13-702).

    A.R.S. § 13-1204; § 13-702; § 13-801

  • Aggravated assault (Class 3 forms, such as serious injury or a deadly weapon) (Class 3 felony)

    Least
    2 years
    Most
    8.75 years
    Fine
    Fine of up to $150,000

    A first offence: usual term 3.5 years, between 2.5 and 7 years; 2 years if mitigated and 8.75 years if aggravated (§ 13-702).

    A.R.S. § 13-1204; § 13-702; § 13-801

  • Aggravated assault (Class 2 forms, for example on a first responder or law-enforcement employee) (Class 2 felony)

    Least
    3 years
    Most
    12.5 years
    Fine
    Fine of up to $150,000

    A first offence: usual term 5 years, between 4 and 10 years; 3 years if the court finds mitigating factors and 12.5 years if it finds aggravating factors (§ 13-702). If it is a dangerous offence, the range is 7 to 21 years (§ 13-704).

    A.R.S. § 13-1204; § 13-702; § 13-801

Arizona's aggravated assault statute has many forms. The class depends on the circumstances, such as a deadly weapon, serious injury or the victim's position (for example a first responder). The highest class is a Class 2 felony.

California

No minimum, up to 4 years (a deadly weapon) up to 4 to 12 years (a machinegun or assault weapon)

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  • Assault with a deadly weapon (not a firearm), or by force likely to produce great bodily injury (Wobbler: felony or misdemeanor)

    Least
    No minimum term set by the statute
    Most
    Up to 4 years in state prison, or up to 1 year in county jail
    Fine
    Fine of up to $10,000

    State prison term of 2, 3 or 4 years; or county jail up to 1 year; or a fine of up to $10,000; or both fine and imprisonment.

    Cal. Penal Code § 245(a)(1); § 245(a)(4)

  • Assault with a firearm (Wobbler: felony or misdemeanor)

    Least
    6 months in county jail, or 2 years in state prison
    Most
    4 years in state prison, or 1 year in county jail
    Fine
    Fine of up to $10,000

    State prison for 2, 3 or 4 years, or county jail for not less than 6 months and not more than 1 year, or both a fine of up to $10,000 and imprisonment.

    Cal. Penal Code § 245(a)(2)

  • Assault with a semiautomatic firearm (Felony)

    Least
    3 years
    Most
    9 years
    Fine
    Fine of up to $10,000, where the offence sets no fine (§ 672)

    Three possible terms set by the statute: 3, 6 or 9. The court chooses among them.

    Cal. Penal Code § 245(b)

  • Assault with a machinegun, an assault weapon or a .50 BMG rifle (Felony)

    Least
    4 years
    Most
    12 years
    Fine
    Fine of up to $10,000, where the offence sets no fine (§ 672)

    Three possible terms set by the statute: 4, 8 or 12. The court chooses among them.

    Cal. Penal Code § 245(a)(3)

California calls this 'assault with a deadly weapon' or 'assault by force likely to produce great bodily injury' (§ 245). It is a wobbler in the lower forms.

Colorado

A class 4 felony (second degree) up to a class 3 felony (first degree)

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Connecticut

A class D felony (second degree) up to a class B felony (first degree)

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  • Assault in the second degree (Class D felony)

    Least
    No minimum term set by the statute
    Most
    5 years
    Fine
    Up to $5,000

    It is a class C felony if the offence resulted in serious physical injury.

    Conn. Gen. Stat. § 53a-60; §§ 53a-35a, 53a-41

  • Assault in the first degree (Class B felony)

    Least
    1 year
    Most
    20 years
    Fine
    Up to $15,000

    A person found guilty under subdivision (a)(1) of the section is sentenced to a mandatory minimum term under the section.

    Conn. Gen. Stat. § 53a-59; §§ 53a-35a, 53a-41

Delaware

Up to 1 year (third degree) up to 25 years (first degree)

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  • Assault in the third degree (Class A misdemeanor)

    Least
    No minimum term set by the statute
    Most
    1 year
    Fine
    A fine of up to $2,300

    11 Del. C. § 611; § 4206

  • Assault in the second degree (Class D felony)

    Least
    No minimum term set by the statute
    Most
    8 years

    A class C felony in some listed cases (up to 15 years).

    11 Del. C. § 612; § 4205

  • Assault in the first degree (intentionally causing serious physical injury by a deadly weapon or dangerous instrument, or serious and permanent disfigurement, or recklessly creating a substantial risk of death) (Class B felony)

    Least
    2 years
    Most
    25 years

    11 Del. C. § 613; § 4205

Delaware names the offences assault in the third, second and first degree. Second-degree assault is a class D felony, and a class C felony in listed cases, such as an assault on an officer with an electronic control device.

Florida

Up to 5 years (aggravated assault) up to 15 years (aggravated battery)

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  • Aggravated assault (an assault with a deadly weapon, or intending to commit a felony) (Felony of the third degree)

    Least
    No minimum term set by the statute
    Most
    Up to 5 years
    Fine
    Fine of up to $5,000

    A firearm can trigger a minimum-mandatory term under § 775.087.

    Fla. Stat. § 784.021; § 775.082; § 775.083

  • Aggravated battery (a battery causing great bodily harm, or with a deadly weapon) (Felony of the second degree)

    Least
    No minimum term set by the statute
    Most
    Up to 15 years
    Fine
    Fine of up to $10,000

    Fla. Stat. § 784.045; § 775.082; § 775.083

Idaho

Up to 15 years (aggravated battery)

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Idaho's aggravated battery (§ 18-907) is a battery that causes great bodily harm, permanent disability or permanent disfigurement, or uses a deadly weapon or instrument, a corrosive or caustic chemical, or a poison. The separate offence of aggravated assault was not read for this table.

Illinois

A Class 3 felony (aggravated battery) up to a Class 1 felony in some forms

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  • Aggravated battery (the general penalty) (Class 3 felony)

    Least
    2 years
    Most
    5 years
    Fine
    Up to $25,000, or the amount specified in the offence if greater

    720 ILCS 5/12-3.05; 730 ILCS 5/5-4.5-40

  • Aggravated battery under subdivision (a)(4), (d)(4) or (g)(3) (Class 2 felony)

    Least
    3 years
    Most
    7 years
    Fine
    Up to $25,000, or the amount specified in the offence if greater

    720 ILCS 5/12-3.05; 730 ILCS 5/5-4.5-35

  • Aggravated battery under subdivision (a)(3) or (g)(1) (Class 1 felony)

    Least
    4 years
    Most
    15 years
    Fine
    Up to $25,000, or the amount specified in the offence if greater

    720 ILCS 5/12-3.05; 730 ILCS 5/5-4.5-30

Iowa

Up to 2 years (aggravated misdemeanor) to up to 10 years (Class C)

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  • Assault with intent to inflict serious injury, or with a dangerous weapon (Aggravated misdemeanor)

    Least
    No minimum term set by the statute
    Most
    Up to 2 years
    Fine
    Fine of $855 to $8,540

    § 708.2, subsections 1 and 3.

    Iowa Code § 708.2; § 903.1

  • Assault causing serious injury (Class D felony)

    Least
    No minimum term set by the statute
    Most
    Up to 5 years
    Fine
    Fine of $1,025 to $10,245

    § 708.2, subsection 5.

    Iowa Code § 708.2; § 902.9

  • Willful injury causing serious injury (Class C felony)

    Least
    No minimum term set by the statute
    Most
    Up to 10 years
    Fine
    Fine of $1,370 to $13,660

    Willful injury causing only bodily injury is a Class D felony (up to 5 years).

    Iowa Code § 708.4; § 902.9

Iowa has no offence called 'aggravated assault'. These are the closest offences: assault made worse by intent to cause serious injury, a weapon or serious injury, and willful injury.

Maine

Up to 10 years (Class B) up to 30 years (serious permanent disfigurement, Class A)

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  • Aggravated assault (bodily injury creating a substantial risk of death or extended convalescence, bodily injury with a dangerous weapon, or under circumstances showing extreme indifference to human life) (Class B crime)

    Least
    No minimum term set by the statute
    Most
    10 years
    Fine
    A fine of up to $20,000

    17-A M.R.S. § 208(1); 17-A M.R.S. §§ 1604, 1704

  • Aggravated assault causing serious, permanent disfigurement or loss or substantial impairment of the function of a bodily member or organ (Class A crime)

    Least
    No minimum term set by the statute
    Most
    30 years
    Fine
    A fine of up to $50,000

    17-A M.R.S. § 208(1)(A-1); 17-A M.R.S. §§ 1604, 1704

  • Elevated aggravated assault (engaging in conduct that in fact causes serious bodily injury while driving under the influence, or in the other listed circumstances) (Class A crime)

    Least
    No minimum term set by the statute
    Most
    30 years
    Fine
    A fine of up to $50,000

    17-A M.R.S. § 208-B; 17-A M.R.S. §§ 1604, 1704

Maryland

Up to 10 years (second degree) up to 25 years (first degree)

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  • Assault in the second degree (Misdemeanor (a felony in some forms))

    Least
    No minimum term set by the statute
    Most
    Up to 10 years, and a fine of up to $2,500, or both
    Fine
    Fine of up to $2,500

    Md. Code, Crim. Law § 3-203

  • Assault in the first degree (Felony)

    Least
    No minimum term set by the statute
    Most
    Up to 25 years

    Md. Code, Crim. Law § 3-202

Maryland has no offence called 'aggravated assault'. Assault in the first degree is the closest: an assault with a firearm or causing serious physical injury.

Massachusetts

Up to 2 and a half years (assault and battery) up to 10 years (assault with a dangerous weapon; with intent to murder or maim)

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  • Assault and battery (Offence)

    Least
    No minimum term set by the statute
    Most
    2 and a half years in a house of correction
    Fine
    Up to $1,000

    Mass. Gen. Laws ch. 265, § 13A

  • Assault and battery by means of a dangerous weapon (Offence)

    Least
    No minimum term set by the statute
    Most
    10 years
    Fine
    Or a fine of up to $1,000 and up to 2 and a half years in jail

    A separate provision in the section sets a mandatory minimum of 2 years in listed circumstances.

    Mass. Gen. Laws ch. 265, § 15A

  • Assault with intent to commit murder, or to maim or disfigure (Offence)

    Least
    No minimum term set by the statute
    Most
    10 years
    Fine
    Or a fine of up to $1,000 and up to 2 and a half years in jail

    Mass. Gen. Laws ch. 265, § 15

Michigan

Up to 4 years (felonious assault); up to 10 years (assault with intent to do great bodily harm)

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  • Felonious assault: assault with a dangerous weapon without intent to commit murder or inflict great bodily harm (Felony)

    Least
    No minimum term set by the statute
    Most
    4 years
    Fine
    Up to $2,000, or both

    Mich. Comp. Laws § 750.82

  • Assault with intent to commit murder or to inflict great bodily harm less than murder (Felony)

    Least
    No minimum term set by the statute
    Most
    10 years
    Fine
    Up to $5,000, or both

    Mich. Comp. Laws § 750.84

Minnesota

Up to 5 years (third degree) up to 20 years (first degree, great bodily harm)

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  • Assault in the third degree (substantial bodily harm) (Felony)

    Least
    No minimum term set by the statute
    Most
    5 years
    Fine
    A fine of up to $10,000

    Minn. Stat. § 609.223

  • Assault in the second degree (with a dangerous weapon) (Felony)

    Least
    No minimum term set by the statute
    Most
    7 years
    Fine
    A fine of up to $14,000

    Up to 10 years and a fine of up to $20,000 where the assault with a dangerous weapon inflicts substantial bodily harm.

    Minn. Stat. § 609.222

  • Assault in the first degree (great bodily harm) (Felony)

    Least
    No minimum term set by the statute
    Most
    20 years
    Fine
    A fine of up to $30,000

    Minn. Stat. § 609.221

Missouri

A class B felony (first-degree assault), a class A felony if great bodily harm is inflicted or the victim is a special victim

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Montana

Up to 20 years and a fine of up to $50,000

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  • Aggravated assault: purposely or knowingly causing serious bodily injury, or causing reasonable apprehension of serious bodily injury or death with physical force (Offence)

    Least
    No minimum term set by the statute
    Most
    20 years
    Fine
    Up to $50,000, in addition

    Mont. Code Ann. § 45-5-202

Nebraska

A Class IIA felony (second degree) up to a Class II felony (first degree)

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Nevada

A category C felony (battery causing substantial bodily harm or by strangulation); a category B felony with a deadly weapon (2 to 10 years, 2 to 15 years if substantial bodily harm results)

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  • Battery not committed with a deadly weapon, causing substantial bodily harm or committed by strangulation (Category C felony)

    Least
    1 year
    Most
    5 years
    Fine
    Up to $10,000

    Nev. Rev. Stat. § 200.481; § 193.130

  • Battery with a deadly weapon, where no substantial bodily harm results (Category B felony)

    Least
    2 years
    Most
    10 years
    Fine
    Up to $10,000, in addition

    Nev. Rev. Stat. § 200.481

  • Battery with a deadly weapon, where substantial bodily harm results or it is committed by strangulation (Category B felony)

    Least
    2 years
    Most
    15 years
    Fine
    A fine may be added

    Nev. Rev. Stat. § 200.481

New Hampshire

A class B felony (second-degree assault) up to a class A felony (first-degree assault)

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  • Second-degree assault: knowingly or recklessly causing serious bodily injury, or recklessly causing bodily injury with a deadly weapon (Class B felony)

    Least
    No minimum term set by the statute
    Most
    7 years
    Fine
    Up to $4,000

    N.H. Rev. Stat. Ann. § 631:2; § 651:2

  • First-degree assault: purposely causing serious bodily injury, or purposely or knowingly causing bodily injury with a deadly weapon (Class A felony)

    Least
    No minimum term set by the statute
    Most
    15 years
    Fine
    Up to $4,000

    N.H. Rev. Stat. Ann. § 631:1; § 651:2

New York

Up to 7 years (second degree) up to 5 to 25 years (first degree); 10 to 30 years if the victim is a police officer

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  • Assault in the second degree (Class D felony)

    Least
    No minimum term set by the statute
    Most
    7 years
    Fine
    Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)

    Some forms are violent felony offenses (2 to 7 years). Others carry an indeterminate sentence with a maximum of up to 7 years.

    N.Y. Penal Law § 120.05; § 70.00; § 70.02

  • Assault in the first degree (Class B violent felony)

    Least
    5 years
    Most
    25 years
    Fine
    Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)

    N.Y. Penal Law § 120.10; § 70.02

  • Aggravated assault upon a police officer or peace officer (Class B violent felony)

    Least
    10 years
    Most
    30 years
    Fine
    Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)

    The term is raised to between 10 and 30 years (§ 70.02(3)(a)).

    N.Y. Penal Law § 120.11; § 70.02

New York has no offence called 'aggravated assault' except against police and peace officers. These are assault in the second and first degrees.

North Carolina

Class E up to Class C

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  • Assault with a deadly weapon inflicting serious injury, or with intent to kill (Class E felony)

    Least
    15 months (1 year 3 months)
    Most
    50 months (4 years 2 months)
    Fine
    Fine in the court's discretion, in addition to imprisonment

    Prior Record Level I: the minimum term runs from 15 to 31 months (mitigated 15 to 20, presumptive 20 to 25, aggravated 25 to 31). The maximum is 50 months where the minimum is 31 (G.S. 15A-1340.17(e)). The chart allows an intermediate or active punishment at this level.

    N.C. Gen. Stat. § 14-32(b), (c); § 15A-1340.17

  • Assault with a deadly weapon with intent to kill and inflicting serious injury (Class C felony)

    Least
    44 months (3 years 8 months)
    Most
    123 months (10 years 3 months)
    Fine
    Fine in the court's discretion, in addition to imprisonment

    Prior Record Level I: the minimum term runs from 44 to 92 months (mitigated 44 to 58, presumptive 58 to 73, aggravated 73 to 92). The maximum is 123 months where the minimum is 92 (G.S. 15A-1340.17(e)). Active prison is required.

    N.C. Gen. Stat. § 14-32(a); § 15A-1340.17

North Dakota

Up to 5 years (class C) up to 10 years (class B)

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  • Aggravated assault (willfully causing serious bodily injury, knowingly causing bodily injury with a dangerous weapon, or firing a firearm or hurling a destructive device at another human being) (Class C felony)

    Least
    No minimum term set by the statute
    Most
    5 years
    Fine
    A fine of up to $10,000

    N.D. Cent. Code § 12.1-17-02; § 12.1-32-01

  • Aggravated assault where the victim is under 12 years of age, a peace officer or correctional employee, or in another listed class (Class B felony)

    Least
    No minimum term set by the statute
    Most
    10 years
    Fine
    A fine of up to $20,000

    N.D. Cent. Code § 12.1-17-02; § 12.1-32-01

Ohio

Felony of the fourth degree (aggravated assault) up to felony of the second degree (felonious assault)

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  • Aggravated assault (Felony of the fourth degree)

    Least
    6 months
    Most
    18 months
    Fine
    Up to $5,000

    It is a felony of the third degree if the victim is a peace officer.

    Ohio Rev. Code § 2903.12; §§ 2929.14, 2929.18

  • Felonious assault: knowingly causing serious physical harm, or physical harm by a deadly weapon (Felony of the second degree)

    Least
    2 years (minimum term)
    Most
    12 years (an 8 year minimum plus 50 per cent)
    Fine
    Up to $15,000

    It is a felony of the first degree if the victim is a peace officer.

    Ohio Rev. Code § 2903.11; §§ 2929.14, 2929.18

Aggravated assault (R.C. 2903.12) is knowingly causing serious physical harm, or physical harm by means of a deadly weapon, while under the influence of sudden passion or a fit of rage brought on by serious provocation. Felonious assault (R.C. 2903.11) is the more serious form without that provocation.

Pennsylvania

A felony of the second degree up to a felony of the first degree

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  • Aggravated assault under subsection (a)(3), (4), (5), (6), (7) or (8) (Felony of the second degree)

    Least
    No minimum term set by the statute
    Most
    10 years

    18 Pa.C.S. § 2702; §§ 1103

  • Aggravated assault under subsection (a)(1), (2) or (9): causing or attempting to cause serious bodily injury, among others (Felony of the first degree)

    Least
    No minimum term set by the statute
    Most
    20 years

    18 Pa.C.S. § 2702; §§ 1103

Rhode Island

Up to 6 years (felony assault); up to 20 years (felony assault resulting in serious bodily injury)

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  • Felony assault resulting in bodily injury or no injury (Offence)

    Least
    No minimum term set by the statute
    Most
    6 years

    R.I. Gen. Laws § 11-5-2

  • Felony assault resulting in serious bodily injury (Offence)

    Least
    No minimum term set by the statute
    Most
    20 years

    R.I. Gen. Laws § 11-5-2

South Carolina

30 days (third degree) up to 20 years (high and aggravated nature)

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  • Assault and battery in the third degree (Misdemeanor)

    Least
    No minimum term set by the statute
    Most
    30 days
    Fine
    A fine of up to $500

    S.C. Code Ann. § 16-3-600

  • Assault and battery in the second degree (nonconsensual touching of private parts, or the other listed forms) (Misdemeanor)

    Least
    No minimum term set by the statute
    Most
    3 years
    Fine
    A fine of up to $2,500

    S.C. Code Ann. § 16-3-600

  • Assault and battery in the first degree (by means likely to produce death or great bodily injury, or during a robbery, burglary, kidnapping or theft) (Felony)

    Least
    No minimum term set by the statute
    Most
    10 years

    S.C. Code Ann. § 16-3-600

  • Assault and battery of a high and aggravated nature (ABHAN) (Felony)

    Least
    No minimum term set by the statute
    Most
    20 years

    S.C. Code Ann. § 16-3-600

South Carolina's top assault offence is 'assault and battery of a high and aggravated nature' (great bodily injury, or means likely to produce death or great bodily injury).

South Dakota

Up to 15 years (Class 3)

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  • Aggravated assault (serious bodily injury under circumstances of extreme indifference, bodily injury with a dangerous weapon, menace with a deadly weapon, or strangulation) (Class 3 felony)

    Least
    No minimum term set by the statute
    Most
    15 years
    Fine
    A fine of $30,000 may be added

    S.D. Codified Laws § 22-18-1.1; § 22-6-1

Texas

2 to 20 years up to 5 to 99 years, or life

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  • Aggravated assault (serious bodily injury, or use or display of a deadly weapon) (Felony of the second degree)

    Least
    2 years
    Most
    20 years
    Fine
    Fine of up to $10,000

    Tex. Penal Code § 22.02; § 12.33

  • Aggravated assault in the circumstances listed in § 22.02(b) (Felony of the first degree)

    Least
    5 years
    Most
    99 years, or life
    Fine
    Fine of up to $10,000

    A first-degree felony where the facts listed in § 22.02(b) are shown, which turn on who the victim was or what the defendant did.

    Tex. Penal Code § 22.02; § 12.32

Vermont

Up to 1 year (simple assault); up to 5 years; up to 15 years (aggravated assault with serious bodily injury or a weapon)

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  • Simple assault (Offence)

    Least
    No minimum term set by the statute
    Most
    1 year
    Fine
    Up to $1,000, or both

    In a fight or scuffle entered into by mutual consent the maximum is 60 days and $500.

    13 V.S.A. § 1023

  • Aggravated assault: administering a drug, intending to prevent a law enforcement officer from doing a lawful duty, or being armed and threatening to use a deadly weapon (Offence)

    Least
    No minimum term set by the statute
    Most
    5 years
    Fine
    Up to $5,000, or both

    13 V.S.A. § 1024(c)

  • Aggravated assault: attempting to cause serious bodily injury, or causing it recklessly with extreme indifference, or causing bodily injury with a deadly weapon (Offence)

    Least
    No minimum term set by the statute
    Most
    15 years
    Fine
    Up to $10,000, or both

    13 V.S.A. § 1024(b)

Virginia

1 to 5 years (unlawful wounding) up to 20 years to life (aggravated malicious wounding)

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  • Unlawful wounding (without malice, with intent to maim, disfigure, disable or kill) (Class 6 felony)

    Least
    1 year in prison, or no prison term if the court chooses jail instead
    Most
    5 years, or up to 12 months in jail and a fine of up to $2,500

    Va. Code § 18.2-51; § 18.2-10

  • Malicious wounding (Class 3 felony)

    Least
    5 years
    Most
    20 years
    Fine
    Fine of up to $100,000

    Va. Code § 18.2-51; § 18.2-10

  • Aggravated malicious wounding (the victim is severely injured and suffers permanent and significant physical impairment) (Class 2 felony)

    Least
    20 years
    Most
    Life
    Fine
    Fine of up to $100,000

    Va. Code § 18.2-51.2; § 18.2-10

Virginia calls these 'unlawful wounding', 'malicious wounding' and 'aggravated malicious wounding' (§§ 18.2-51 and 18.2-51.2).

Washington

Up to 5 years (third degree) up to life (first degree)

Show the degrees and the statutes
  • Assault in the third degree (Class C felony)

    Least
    No minimum term set by the statute
    Most
    Up to 5 years
    Fine
    Fine of up to $10,000

    RCW 9A.36.031; RCW 9A.20.021

  • Assault in the second degree (Class B felony)

    Least
    No minimum term set by the statute
    Most
    Up to 10 years
    Fine
    Fine of up to $20,000

    A Class A felony if there is a finding of sexual motivation.

    RCW 9A.36.021; RCW 9A.20.021

  • Assault in the first degree (Class A felony)

    Least
    No minimum term set by the statute
    Most
    Life imprisonment
    Fine
    Fine of up to $50,000

    RCW 9A.36.011; RCW 9A.20.021

Washington has no offence called 'aggravated assault'. Its degrees of assault do the same work: third, second and first degree.

West Virginia

2 to 10 years (malicious wounding)

Show the degrees and the statutes

West Virginia's malicious wounding offence (§ 61-2-9(a)) covers maliciously shooting, stabbing, cutting or wounding a person, or causing bodily injury by any means with intent to maim, disfigure, disable or kill. A lower penalty applies if the act is done unlawfully but not maliciously, which was not read in full.

32 countries covered so far

Country codes name the same acts differently, so each entry says which offence is the closest match. Ranges are from the code’s own text.

Algeria

1 to 5 years up to 10 to 20 years (mutilation, with premeditation)

Show the degrees and the articles
  • Wounds or blows causing illness or total incapacity for work for more than 15 days (Délit (emprisonnement))

    Least
    1 year
    Most
    5 years' imprisonment

    Penal Code of Algeria, art. 264

  • Blows or wounds followed by mutilation, loss of the use of a limb, blindness or another permanent infirmity (Crime (réclusion))

    Least
    5 years
    Most
    10 years' réclusion

    Penal Code of Algeria, art. 264

  • The same, with premeditation or ambush (Crime (réclusion))

    Least
    10 years
    Most
    20 years' réclusion

    Penal Code of Algeria, art. 265

Argentina

1 month to 1 year (injury), 1 to 6 years (serious), 3 to 10 years (very serious)

Show the degrees and the articles
  • Injury (any harm to the body or health not covered by another article) (Prisión or reclusión)

    Least
    1 month
    Most
    1 year

    Código Penal (Argentina), art. 89

  • Serious injury (permanent weakening, danger to life, over a month's incapacity for work, permanent facial disfigurement) (Prisión or reclusión)

    Least
    1 year
    Most
    6 years

    Código Penal (Argentina), art. 90

  • Very serious injury (incurable illness, permanent incapacity for work, loss of a sense, organ, limb or speech or of the ability to reproduce) (Prisión or reclusión)

    Least
    3 years
    Most
    10 years

    Código Penal (Argentina), art. 91

The nearest offences are injury (lesiones) in three grades: any harm to the body or health (art. 89); permanent weakening of health, a sense, an organ or a limb, danger to life, or incapacity for work for over a month, or permanent disfigurement of the face (art. 90, 'grave'); and incurable illness, permanent incapacity for work, loss of a sense, organ, limb, speech or the ability to reproduce (art. 91, 'gravísima').

Austria

Up to 1 year (Körperverletzung) up to 1 to 10 years (grave harm inflicted on purpose)

Show the degrees and the articles
  • Körperverletzung (injuring another's body or harming their health) (Straftat (Freiheitsstrafe))

    Least
    No minimum term set by the statute
    Most
    1 year
    Fine
    A fine in daily rates may be imposed instead of prison

    Strafgesetzbuch (Austria), § 83(1)

  • Schwere Körperverletzung (an injury lasting more than 24 days, or an in itself serious injury) (Straftat (Freiheitsstrafe))

    Least
    No minimum term set by the statute
    Most
    3 years

    Strafgesetzbuch (Austria), § 84(1)

  • Körperverletzung mit schweren Dauerfolgen (injury with lasting grave consequences, such as loss of sight, speech or fertility, serious disfigurement) (Straftat (Freiheitsstrafe))

    Least
    6 months
    Most
    5 years

    1 to 10 years in the more serious cases of § 85(2), where the offender injures another or harms their health and lasting grave consequences follow, even if only by negligence.

    Strafgesetzbuch (Austria), § 85(1)

  • Absichtliche schwere Körperverletzung (intentionally causing a serious injury) (Straftat (Freiheitsstrafe))

    Least
    1 year
    Most
    10 years

    Strafgesetzbuch (Austria), § 87(1)

Austria grades injury by what the offender does and by the harm: Körperverletzung (§ 83), schwere Körperverletzung (§ 84), and Körperverletzung with lasting grave consequences (§§ 85 and 87).

Brazil

3 months to 1 year (bodily injury) up to 4 to 12 years (injury resulting in death)

Show the degrees and the articles

Brazil grades injury by its results. 'Lesão corporal de natureza grave' is serious injury (incapacity for more than 30 days, danger to life, permanent weakness of a limb or sense, or hastened birth). The most serious results are permanent incapacity, incurable illness, loss of a limb or sense, permanent deformity or abortion.

Bulgaria

Up to 2 years (light bodily injury); up to 6 years (moderate); 3 to 10 years (serious)

Show the degrees and the articles

Bulgaria grades bodily injury by severity. Light injury (art. 130) includes any impairment of health. Moderate injury (art. 129) includes a lasting weakening of sight or hearing or lasting difficulty in speech or movement, a broken jaw, facial disfigurement and other listed harm. Serious injury (art. 128) includes prolonged disorder of consciousness, permanent blindness or deafness, loss of speech, loss of the ability to have children, loss of a kidney, loss of a limb and other listed harm.

Canada

Up to 10 years (assault with a weapon or causing bodily harm) up to 14 years (aggravated assault)

Show the degrees and the articles
  • Assault with a weapon, causing bodily harm, or choking, suffocating or strangling (Hybrid offence (indictable or summary))

    Least
    No minimum term set by the statute
    Most
    10 years

    On summary conviction the general penalty is a fine of up to $5,000, or imprisonment for up to two years less a day, or both (s. 787(1)).

    Criminal Code (Canada), s. 267

  • Aggravated assault (wounding, maiming, disfiguring or endangering life) (Indictable offence)

    Least
    No minimum term set by the statute
    Most
    14 years

    Criminal Code (Canada), s. 268(2)

China

Up to 3 years (intentional injury) up to 3 to 10 years (serious injury) and 10 years to death (death or especially cruel serious disability)

Show the degrees and the articles
  • Intentional injury (故意伤害罪) (Crime (fixed-term imprisonment))

    Least
    No minimum term set by the statute
    Most
    3 years' fixed-term imprisonment, or criminal detention or control

    Criminal Law of the PRC, art. 234(1)

  • Intentional injury causing serious injury (致人重伤) (Crime (fixed-term imprisonment))

    Least
    3 years
    Most
    10 years' fixed-term imprisonment

    Criminal Law of the PRC, art. 234(2)

  • Intentional injury causing death, or causing serious disability by especially cruel means (Crime (fixed-term imprisonment))

    Least
    10 years (if a fixed term is chosen)
    Most
    Death, or life imprisonment, or fixed-term imprisonment of 15 years

    Criminal Law of the PRC, art. 234(2)

Croatia

Up to 1 year (bodily injury); 6 months to 5 years (serious); 1 to 8 years (particularly serious)

Show the degrees and the articles
  • Bodily injury (tjelesna ozljeda) (Offence (kazna zatvora))

    Least
    No minimum term set by the statute
    Most
    1 year

    Criminal Code of Croatia (Kazneni zakon), art. 117(1)

  • Serious bodily injury (teška tjelesna ozljeda) (Offence (kazna zatvora))

    Least
    6 months
    Most
    5 years

    The range is 3 to 8 years if the offence is committed from hatred, against a close or especially vulnerable person, or by an official on duty (art. 118(2)).

    Criminal Code of Croatia (Kazneni zakon), art. 118(1)

  • Particularly serious bodily injury (osobito teška tjelesna ozljeda): danger to life, loss or lasting weakening of an important body part or organ, permanent incapacity for work, lasting serious impairment of health, or permanent incapacity for reproduction (Offence (kazna zatvora))

    Least
    1 year
    Most
    8 years

    The range is 3 to 10 years in the aggravated circumstances of art. 119(2), and 3 to 12 years if the consequence is caused intentionally (art. 119(3)).

    Criminal Code of Croatia (Kazneni zakon), art. 119(1)

Czechia

6 months to 3 years (harm to health) up to 12 years (serious harm, aggravated)

Show the degrees and the articles

England and Wales

Up to 5 years (ABH, or wounding or GBH without intent) and up to life (wounding or GBH with intent)

Show the degrees and the articles

England and Wales has no offence called 'aggravated assault'. It divides injury by the harm and the intent: actual bodily harm (ABH), wounding or grievous bodily harm (GBH), and the same with intent to do serious harm. A racially or religiously aggravated version of ABH or s.20 GBH has a 7-year maximum (Crime and Disorder Act 1998, s.29).

Finland

A fine or up to 2 years (assault); 1 to 10 years (aggravated assault)

Show the degrees and the articles

France

Up to 3 years (incapacity over 8 days) up to 15 years (mutilation, in aggravated cases)

Show the degrees and the articles
  • Violence causing total incapacity for work of more than 8 days (Délit (emprisonnement))

    Least
    No minimum term set by the statute
    Most
    3 years' imprisonment
    Fine
    Fine of up to €45,000

    Code pénal, art. 222-11

  • The same, against a child under 15, a vulnerable person, a parent, a police officer or other listed victim (Délit (emprisonnement))

    Least
    No minimum term set by the statute
    Most
    5 years' imprisonment
    Fine
    Fine of up to €75,000

    Code pénal, art. 222-12

  • Violence causing mutilation or permanent disability (Délit (emprisonnement))

    Least
    No minimum term set by the statute
    Most
    10 years' imprisonment
    Fine
    Fine of up to €150,000

    Code pénal, art. 222-9

  • The same, against a child under 15, a vulnerable person, a parent, a police officer or other listed victim (Crime (réclusion criminelle))

    Least
    No minimum term set by the statute
    Most
    15 years' criminal imprisonment

    Code pénal, art. 222-10

France sets the penalty by the harm done, measured in days of 'total incapacity for work' (incapacité totale de travail, ITT).

Germany

Up to 5 years (bodily harm) up to 10 years (dangerous or grievous bodily harm), at least 3 years if intended

Show the degrees and the articles
  • Körperverletzung (bodily harm) (Vergehen (less serious offence: lower minimum, or a fine))

    Least
    No minimum term set by the statute
    Most
    5 years
    Fine
    A fine may be imposed instead of prison

    German Criminal Code (StGB), section 223

  • Gefährliche Körperverletzung (dangerous bodily harm: with a weapon, poison, jointly with another, or in a way dangerous to life) (Vergehen (less serious offence: lower minimum, or a fine))

    Least
    6 months
    Most
    10 years

    Less serious cases: 3 months to 5 years.

    German Criminal Code (StGB), section 224

  • Schwere Körperverletzung (grievous bodily harm: loss of sight, hearing, limb use, serious disfigurement) (Verbrechen (serious offence: minimum term of one year or more))

    Least
    1 year
    Most
    10 years

    German Criminal Code (StGB), section 226(1)

  • Schwere Körperverletzung (the offender intentionally or knowingly causes the grievous result) (Verbrechen (serious offence: minimum term of one year or more))

    Least
    3 years
    Most
    15 years (the longest fixed term, section 38)

    German Criminal Code (StGB), section 226(2)

Hungary

Up to 2 years (light injury, healing within 8 days) up to 8 years (injury endangering life or causing death)

Show the degrees and the articles

Hungary distinguishes bodily harm by how long it takes to heal: within eight days (light) or longer (serious). Injury that causes permanent disability or severe deterioration of health is punished more heavily, and injury that endangers life or causes death most.

Iceland

A fine or up to 1 year (assault); up to 3 years (assault causing harm); up to 16 years (serious harm or death)

Show the degrees and the articles

India

Up to 1 year (hurt) up to 7 years (grievous hurt) up to life (permanent disability)

Show the degrees and the articles
  • Voluntarily causing hurt (Offence (imprisonment of either description))

    Least
    No minimum term set by the statute
    Most
    1 year's imprisonment of either description, or a fine of up to 10,000 rupees, or both

    Bharatiya Nyaya Sanhita, 2023, s. 115(2)

  • Voluntarily causing grievous hurt (Offence (imprisonment of either description))

    Least
    No minimum term set by the statute
    Most
    7 years' imprisonment of either description
    Fine
    A fine may also be imposed

    Bharatiya Nyaya Sanhita, 2023, s. 117(2)

  • Voluntarily causing grievous hurt that results in permanent disability or a persistent vegetative state (Offence (imprisonment of either description))

    Least
    10 years (rigorous imprisonment)
    Most
    Imprisonment for life (the remainder of the person's natural life)

    Bharatiya Nyaya Sanhita, 2023, s. 117(3)

The Sanhita grades injury by 'hurt' (bodily pain, disease or infirmity) and 'grievous hurt' (a list including loss of sight or hearing, loss or permanent impairment of a limb or joint, permanent disfiguration of head or face, a fracture or dislocation of a bone or tooth, and hurt that endangers life or causes 15 days of severe pain).

Ireland

Up to 6 months (assault, summary); up to 10 years (assault causing harm); life (causing serious harm)

Show the degrees and the articles

Assault (s. 2) is only a summary offence: a fine or up to 6 months. Assault causing harm (s. 3) is either-way: up to 12 months and a fine on summary conviction, or up to 10 years on indictment. Causing serious harm intentionally or recklessly (s. 4) carries imprisonment for life on indictment; 'serious harm' means injury that creates a substantial risk of death or causes serious disfigurement or substantial loss or impairment of the mobility of the body or the function of a bodily member or organ.

Italy

6 months to 3 years (lesione) up to 6 to 12 years (the gravest results)

Show the degrees and the articles
  • Lesione personale (an injury producing illness of body or mind) (Delitto (reclusione))

    Least
    6 months
    Most
    3 years

    Prosecuted on the victim's complaint unless an aggravating circumstance applies.

    Codice penale (Italy), art. 582

  • Lesione personale grave (serious injury) (Delitto (reclusione))

    Least
    3 years
    Most
    7 years

    Codice penale (Italy), art. 583

  • Lesione personale gravissima (the gravest injury) (Delitto (reclusione))

    Least
    6 years
    Most
    12 years

    Codice penale (Italy), art. 583

Italy grades 'lesione personale' by the result. 'Lesione grave' includes a danger to life, an illness or incapacity for more than 40 days, or permanent weakening of a sense or organ. 'Lesione gravissima' includes an incurable illness, the loss of a sense, limb or organ, or permanent disfigurement.

Japan

Up to 15 years or a fine (injury) up to 3 to 20 years (injury resulting in death)

Show the degrees and the articles
  • Injury (傷害: injuring another's body) (Crime (detention, 拘禁刑))

    Least
    No minimum term set by the statute
    Most
    15 years
    Fine
    Or a fine of up to 500,000 yen

    Penal Code (Japan), art. 204

  • Injury resulting in death (傷害致死) (Crime (detention, 拘禁刑))

    Least
    3 years
    Most
    20 years (the longest fixed term, art. 12)

    Penal Code (Japan), art. 205

Japan has one injury offence (傷害) and one for injury resulting in death. The court chooses the sentence by the injury done. Robbery or sexual offences causing injury have their own, higher penalties.

Latvia

Up to 1 year (light injury); up to 3 years (moderate); up to 7 years (serious); up to 15 years (serious with aggravation)

Show the degrees and the articles

Morocco

1 to 3 years up to 10 to 20 years (mutilation, with premeditation or a weapon)

Show the degrees and the articles
  • Wounds or blows causing incapacity for work of more than 20 days (Délit (emprisonnement))

    Least
    1 year
    Most
    3 years' imprisonment

    2 to 5 years with premeditation, ambush or a weapon.

    Penal Code of Morocco, art. 401

  • Wounds or blows causing mutilation, loss of a limb, blindness or another permanent infirmity (Crime (réclusion))

    Least
    5 years
    Most
    10 years' réclusion

    Penal Code of Morocco, art. 402

  • The same, with premeditation, ambush or a weapon (Crime (réclusion))

    Least
    10 years
    Most
    20 years' réclusion

    Penal Code of Morocco, art. 402

Netherlands

Up to 3 years (mishandeling) up to 8 years (serious assault) and 12 years if planned

Show the degrees and the articles

New Zealand

Up to 3 years (aggravated assault) up to 14 years (wounding with intent)

Show the degrees and the articles
  • Aggravated assault (Offence)

    Least
    No minimum term set by the statute
    Most
    3 years

    Crimes Act 1961, s. 192

  • Injuring with intent to injure, or with reckless disregard for the safety of others (Offence)

    Least
    No minimum term set by the statute
    Most
    5 years

    Crimes Act 1961, s. 189(2)

  • Wounding, maiming, disfiguring or causing grievous bodily harm with intent to injure, or with reckless disregard for the safety of others (Offence)

    Least
    No minimum term set by the statute
    Most
    7 years

    Crimes Act 1961, s. 188(2)

  • Injuring with intent to cause grievous bodily harm (Offence)

    Least
    No minimum term set by the statute
    Most
    10 years

    Crimes Act 1961, s. 189(1)

  • Wounding, maiming, disfiguring or causing grievous bodily harm with intent to cause grievous bodily harm (Offence)

    Least
    No minimum term set by the statute
    Most
    14 years

    Crimes Act 1961, s. 188(1)

  • Aggravated wounding or injury: with intent to commit or facilitate another imprisonable offence, or to avoid detection (Offence)

    Least
    No minimum term set by the statute
    Most
    14 years

    Crimes Act 1961, s. 191(1)

New Zealand's nearest offences are aggravated assault (s. 192, assault with an intent such as committing another imprisonable offence), injuring with intent (s. 189), wounding with intent (s. 188) and aggravated wounding or injury (s. 191).

Norway

A fine or up to 1 year (battery); up to 6 years (bodily harm); up to 10 years (aggravated bodily harm)

Show the degrees and the articles

The nearest offences are battery (kroppskrenkelse, ss. 271 and 272) and bodily harm (kroppsskade, ss. 273 and 274). Aggravated bodily harm (s. 274) applies where, among other things, the harm is incurable, causes lasting disease or incapacity, severe pain, considerable injury or death, or where it was an unprovoked attack, committed by several, or with a knife or similar dangerous tool.

Portugal

Up to 3 years or a fine (simple); 2 to 10 years (serious)

Show the degrees and the articles
  • Simple offence against physical integrity (ofensa à integridade física simples) (Offence (pena de prisão))

    Least
    No minimum term set by the statute
    Most
    3 years
    Fine
    Or a fine

    Código Penal (Portugal), art. 143(1)

  • Serious offence against physical integrity (ofensa à integridade física grave) (Offence (pena de prisão))

    Least
    2 years
    Most
    10 years

    Código Penal (Portugal), art. 144

Serious offence against physical integrity (art. 144) applies when the victim is deprived of an important organ or limb or gravely and permanently disfigured, loses or has seriously impaired their capacity to work or other faculties, suffers a particularly painful or permanent illness or a serious or incurable mental condition, or is put in danger of life.

Russia

Up to 3 years (medium-severity harm) up to 15 years (grievous harm causing death by negligence)

Show the degrees and the articles

Russia grades assault by the harm done: slight, medium or grievous (Arts. 112 and 111). There is no offence called 'aggravated assault'.

South Korea

Up to 5 years (assault with a dangerous object) up to 20 years (special injury causing serious injury)

Show the degrees and the articles

The nearest offences are special assault (Art. 261: assault while showing the force of a group or carrying a dangerous object), serious bodily injury (Art. 258: danger to life, or permanent disability or an incurable illness) and special injury (Art. 258-2: injury committed while showing the force of a group or carrying a dangerous object).

Spain

3 months to 3 years (lesiones) up to 6 to 12 years (loss of a main organ or limb)

Show the degrees and the articles
  • Lesiones (injury needing medical or surgical treatment) (Pena menos grave (prison of 3 months to 5 years))

    Least
    3 months
    Most
    3 years
    Fine
    A fine of 6 to 12 months may be imposed instead

    Código Penal (Spain), art. 147(1)

  • Lesiones agravadas (with weapons or dangerous means, treachery or cruelty, of a child under 14, or of a partner) (Pena menos grave (prison of 3 months to 5 years))

    Least
    2 years
    Most
    5 years

    Código Penal (Spain), art. 148

  • Lesiones causing the loss or uselessness of a non-principal organ or limb, or deformity (Pena grave (prison of more than 5 years))

    Least
    3 years
    Most
    6 years

    Código Penal (Spain), art. 150

  • Lesiones causing the loss or uselessness of a principal organ or limb or a sense, sterility, serious deformity, or a serious illness (Pena grave (prison of more than 5 years))

    Least
    6 years
    Most
    12 years

    Código Penal (Spain), art. 149(1)

Sweden

Up to 2 years (misshandel) up to 6 to 12 years (synnerligen grov misshandel)

Show the degrees and the articles
  • Misshandel (assault: inflicting bodily harm, illness or pain, or putting someone in a helpless state) (Brott (fängelse))

    Least
    No minimum term set by the statute
    Most
    2 years

    Fines or up to 6 months' prison where the offence is petty.

    Brottsbalken (Sweden), 3 kap. 5 §

  • Grov misshandel (gross assault: life-threatening, serious bodily injury or illness, or particular ruthlessness or brutality) (Brott (fängelse))

    Least
    1 year 6 months
    Most
    7 years

    Brottsbalken (Sweden), 3 kap. 6 §

  • Synnerligen grov misshandel (exceptionally gross assault: lasting injury, extreme suffering or ruthlessness) (Brott (fängelse))

    Least
    6 years
    Most
    12 years

    Brottsbalken (Sweden), 3 kap. 6 §

Switzerland

Up to 3 years or a fine (einfache Körperverletzung) up to 1 to 10 years (schwere Körperverletzung)

Show the degrees and the articles
  • Einfache Körperverletzung (simple bodily harm: harming a person's body or health in another way) (Vergehen (misdemeanour: up to 3 years or a fine))

    Least
    No minimum term set by the statute
    Most
    3 years
    Fine
    A fine (Geldstrafe) may be imposed instead of prison

    Prosecuted on complaint, but ex officio where the offender used poison, a weapon or a dangerous object (art. 123(2)).

    Swiss Criminal Code (StGB), art. 123(1)

  • Schwere Körperverletzung (grievous bodily harm: endangering life, mutilation, permanent incapacity, or lasting serious disfigurement) (Verbrechen (felony: more than 3 years))

    Least
    1 year
    Most
    10 years

    Swiss Criminal Code (StGB), art. 122

Taiwan

Up to 5 years (injury); 5 to 12 years (serious injury); life or at least 7 years if death results

Show the degrees and the articles

Turkey

1 year 6 months to 3 years (injury) up to double that, with a minimum of 4 or 6 years, for permanent harm

Show the degrees and the articles
  • Kasten yaralama (intentional injury: causing pain, or harm to health or perception) (Crime (hapis, prison))

    Least
    1 year 6 months
    Most
    3 years

    Turkish Penal Code (Law 5237), art. 86(1)

  • Neticesi sebebiyle ağırlaşmış yaralama (injury with the serious results of art. 87(1)) (Crime (hapis, prison))

    Least
    4 years (6 years where art. 86(3) applies)
    Most
    The art. 86 penalty, increased by one fold

    Turkish Penal Code (Law 5237), art. 87(1)

  • Injury with the gravest results of art. 87(2) (Crime (hapis, prison))

    Least
    6 years (9 years where art. 86(3) applies)
    Most
    The art. 86 penalty, increased by two fold

    Turkish Penal Code (Law 5237), art. 87(2)

Article 87 raises the art. 86 penalty by one fold for permanent weakening of a sense or organ, a permanent scar on the face, a life-threatening state, or a premature birth, and by two fold for incurable illness, loss of a sense or organ, loss of speech or the ability to have children, permanent change of the face, or loss of a pregnancy. The art. 87 minimums apply.

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