Legal Definitions - felonious assault

Felonious assault refers to an assault that is classified as a felony offense, meaning it is a serious crime carrying significant penalties, such as lengthy prison sentences. It typically involves an intentional act to cause serious bodily harm to another person, often through the use of a dangerous weapon, or an act that results in severe injury.

Unlike a misdemeanor assault, which might involve minor physical contact or threats, a felonious assault involves a higher degree of danger and potential or actual harm, reflecting the gravity of the offense.

Here are some examples illustrating felonious assault:

• Example 1: Use of a Dangerous Weapon

  During a heated argument in a parking lot, one individual grabs a tire iron from their car and intentionally strikes another person in the leg, breaking their tibia. The attacker did not intend to kill, but clearly intended to cause significant harm using a dangerous object.

  This illustrates felonious assault because a dangerous weapon (the tire iron) was used with the intent to inflict serious bodily injury, resulting in a severe physical harm (a broken bone).

• Example 2: Intent to Cause Serious Harm Leading to Severe Injury

  A person, holding a grudge against a former colleague, ambushes them outside their office building. The attacker repeatedly punches and kicks the victim, causing multiple facial fractures, a concussion, and internal bruising that requires hospitalization.

  This is a felonious assault due to the clear intent to inflict severe bodily harm through repeated physical violence, which resulted in significant and debilitating injuries, even without the use of a separate weapon.

• Example 3: Reckless Action with a Weapon Causing Severe Injury

  At a crowded concert, an individual becomes agitated and pulls out a switchblade, making slashing motions in the air. Although they claim they didn't mean to hit anyone, one of their wild slashes deeply cuts another concert-goer's arm, severing a major artery and causing life-threatening blood loss that requires emergency surgery.

  This demonstrates felonious assault because the act involved the use of a dangerous weapon (the switchblade) with intent to cause harm (even if not specifically to sever an artery), and the resulting severe, life-threatening injury elevates the offense to a felony.