The difference between simple vs aggravated assault in Washington, DC starts with the penalty. Basic simple assault is a misdemeanor carrying up to 180 days in jail, while aggravated assault is a felony carrying up to 10 years in prison.
There is also a middle tier: assault causing “significant bodily injury” is charged under the simple assault statute yet is punishable by up to 3 years, which makes it a felony. Which tier you land in usually comes down to the severity of the injury and what the evidence shows about your intent.
Understanding which charge you’re facing, and why, is the first step in building a defense. This page explains what separates these two charges under DC law, what prosecutors have to prove, and what your case might look like moving forward.
At Scrofano Law PC, our DC assault lawyers defend clients against the full range of assault charges in the District of Columbia, from misdemeanor cases to serious felony allegations. If you are facing assault charges in DC, call us at (202) 765-3175 for a confidential consultation.
What Is Simple Assault in DC?
Simple assault, sometimes just called “assault,” is defined under DC Code § 22-404. In its basic form it is a misdemeanor, and DC courts recognize three different ways the government can prove it.
The Three Forms of Simple Assault
Attempted-battery assault
This is when someone tries to use force against another person, even if they don’t succeed. For example, swinging a fist and missing could still count.
Intent-to-frighten assault
This covers threatening or menacing behavior that would make a reasonable person fear they’re about to be hurt. Actual physical contact isn’t required.
Nonviolent sexual touching assault
This covers touching part of another person’s body without consent, in a way that would cause a person of reasonable sensibility to feel fear, shame, humiliation, or mental anguish. Unlike a sexual abuse charge, prosecutors do not have to prove the defendant intended to humiliate or gratify anyone.
Simple Assault Penalties
A conviction for basic simple assault under DC Code § 22-404(a)(1) can result in:
- Up to 180 days in jail
- A fine of up to $1,000
- Or both
There is also a more serious version under DC Code § 22-404(a)(2). If the assault intentionally, knowingly, or recklessly causes “significant bodily injury,” the penalty increases to up to 3 years in prison and a fine of up to $12,500.
Despite living in the simple assault statute, this is a felony, not a misdemeanor, because DC treats any offense punishable by more than one year as a felony. Lawyers often call it “felony assault.” It also means the case is jury-eligible, unlike a single count of basic simple assault.
The Secure DC Omnibus Amendment Act rewrote the definition of “significant bodily injury” in 2024 and made it much broader. Under DC Code § 22-404(a)(3), it means any of the following:
- An injury that, to prevent long-term physical damage or to abate severe pain, requires hospitalization or medical treatment beyond what a layperson can personally administer
- A fracture of a bone
- A laceration that required stitches, sutures, staples, or closed-skin adhesives, or that is at least one inch long and at least a quarter inch deep
- A burn of at least second-degree severity
- Any loss of consciousness
- A traumatic brain injury
- An injury where medical testing beyond what a layperson can administer was performed to determine whether any of the above injuries occurred
That last category matters a great deal in practice. Diagnostic imaging ordered to rule out a fracture or head injury can satisfy the definition on its own, which means not every “simple” assault charge stays a misdemeanor once medical records are involved.
What Is Aggravated Assault in DC?
Aggravated assault is a much more serious charge. It’s defined under DC Code § 22-404.01 and is classified as a felony.
What Prosecutors Must Prove
To convict someone of aggravated assault, the government generally has to show one of the following:
- By any means, the person knowingly or purposely caused serious bodily injury to another person, or
- Under circumstances manifesting extreme indifference to human life, the person intentionally or knowingly engaged in conduct that created a grave risk of serious bodily injury to another person, and that conduct did cause serious bodily injury.
The key phrase here is “serious bodily injury.” This is a higher bar than the “significant bodily injury” standard used in felony assault cases. Under DC Code § 22-404.01(d), it means an injury, or a significant bodily injury, that involves:
- A substantial risk of death
- Protracted and obvious disfigurement
- Protracted loss or impairment of the function of a bodily member, organ, or mental faculty
- Extended loss of consciousness
- A burn of at least third-degree severity
- A gunshot wound
Note that the standard is “protracted,” not permanent. An injury does not have to be irreversible to qualify. A gunshot wound is also its own category, regardless of how well it heals.
Aggravated Assault Penalties
Because aggravated assault is a felony, the consequences are far more severe:
- Up to 10 years in prison and a fine of up to $25,000 for a completed offense
- Up to 5 years in prison and a fine of up to $12,500 for attempted aggravated assault
- Substantially more if the offense was committed while armed. Aggravated assault is a crime of violence, so DC Code § 22-4502 allows up to 30 additional years on a first conviction, with a mandatory minimum of 5 years if a pistol or other firearm was involved.
DC’s Second Chance Amendment Act does allow many felony convictions to be sealed by motion after a waiting period, but crimes of violence are excluded from automatic sealing, and a court still has to find that sealing serves the interests of justice. Eligibility depends heavily on the specifics of the case.
How Prosecutors Decide Between the Two Charges
In many cases, the difference between simple assault and aggravated assault comes down to the severity of the injury and what the evidence suggests about the person’s intent.
A few factors that may influence the charge include:
Severity of Injury
A minor bruise looks very different to a prosecutor than a broken bone or an injury requiring surgery.
Weapons
A weapon does not by itself turn simple assault into aggravated assault. It typically supports a separate charge of assault with a dangerous weapon under DC Code § 22-402, which carries up to 10 years even without serious injury, and it can trigger the armed offense enhancement under § 22-4502.
Intent
Prosecutors look at witness statements, video, and the circumstances of the incident to figure out what the accused person meant to do.
Relationship
In some cases, like those involving domestic violence, additional statutes and charging decisions may come into play.
Because these decisions are not always clear-cut, our experienced Washington DC assault lawyers review the police report and evidence early to understand how prosecutors are likely to approach the case, and where there may be room to argue for a lesser charge.
Why the Charge Matters
The jump from a misdemeanor to a felony is not a small one. It affects everything from bail conditions to trial strategy to what a fair resolution might look like.
In some cases, what starts as an aggravated assault charge could potentially be negotiated down, depending on the evidence and the specific facts involved.
In other cases, what looks like a simple assault charge is actually the felony version under § 22-404(a)(2), which carries far more risk than people initially realize.
This is exactly why the details matter so much in an assault case.
No two situations are identical, and the specific facts, from how the injury occurred to what witnesses say happened, can shape the outcome in different directions.
Frequently Asked Questions
What is the difference between simple assault and aggravated assault in DC?
DC assault charges fall into three tiers, not two. Basic simple assault is a misdemeanor involving minor or no injury, or a threat of harm. Assault causing significant bodily injury is a felony carrying up to 3 years, even though it sits in the simple assault statute. Aggravated assault is a more serious felony that requires proof of serious bodily injury, or conduct showing extreme indifference to human life that causes serious injury.
Is aggravated assault a felony in Washington DC?
Yes. Aggravated assault under DC Code § 22-404.01 is classified as a felony and can carry a sentence of up to 10 years in prison.
What is the penalty for simple assault in DC?
Basic simple assault can carry up to 180 days in jail and a fine of up to $1,000. If the assault causes significant bodily injury, the charge becomes a felony punishable by up to 3 years in prison and a fine of up to $12,500.
Can aggravated assault charges in DC be reduced to simple assault?
In some cases, yes. Whether a charge could be reduced depends on the strength of the evidence, the extent of the injury, and other case-specific factors. Our attorneys can review your case to see whether a reduction may be possible.
Talk to an Experienced Assault Lawyer in Washington DC
Not sure whether your case is being treated as a misdemeanor or a felony? Contact Scrofano Law PC today to schedule a confidential case evaluation with a DC assault lawyer and find out where your case stands.
At Scrofano Law PC, our DC assault lawyers have experience with the full range of assault charges in the District of Columbia, from misdemeanor cases to serious felony allegations. If you are facing assault charges in DC, call us today at (202) 765-3175 for a consultation.