Protected People

Certain types of people, due to their general physical fragility, have special protection from assault. If you assault one of these types of people, you will face increased penalties and punishments. These exist in an effort to protect these people. Also, you will face guilt of assault of protected people in some situations. One situation is if you assault with the intent to disfigure (maim). Another example is assault with reckless disregard of the possibility of death or with a firearm. Protected people include:

• Elderly (those over 60).
• Disabled.
• Blind.
• Pregnant.
• Developmentally disabled.

However, just because you face this crime does not mean that you committed it. You will only be found guilty of assault of protected people if:

• The court proves your awareness of the alleged victim’s pregnancy at the time of the attack.
• The court proves your awareness of the alleged victim’s developmental disability at the time of the attack.
• The state can prove that the victim of assault indeed fits the class of a certain protected person, and that the defendant knew that the victim fell into this category.

Types of Assault

Different levels of assault on protected people exist. They include:

• Assault on a pregnant person resulting in termination of pregnancy.
• Assault of an elderly, blind, disabled or pregnant person or a person with intellectual disability in the second degree.
• Then there is assault of an elderly, blind, disabled or pregnant person or a person with intellectual disability in the second degree with a firearm.
• Also, there is assault of an elderly, blind, disabled or pregnant person or a person with intellectual disability in the third degree.

Each of these crimes fall under assault of protected people, but the penalties for each will differ.

Penalties

If found guilty of assault on a protected person, the court must sentence the person to a mandatory and non-suspendable five years in prison. In addition, you will receive individual punishments for each crime listed above.

Assault on a pregnant person resulting in termination of pregnancy is considered a Class A felony, which is a very serious crime. If convicted, you will be sentenced to a mandatory and non-suspendable ten year prison sentence, with the possibility of a 25 year prison sentence. In addition, you will receive a fine of up to $20,000.

Assault of an elderly, blind, disabled, pregnant person, or a person with intellectual disability in the second degree is a Class D felony, and for this fine you face a prison sentence of up to 20 years and a fine of as much as $15,000.

Assault of an elderly, blind, disabled, pregnant person, or a person with intellectual disability in the second degree with a firearm is also a Class D felony, and will result in the same punishments as assault of protected people in the second degree.

The final form of assault of protected people, assault of an elderly, blind, disabled, or pregnant person, or a person with intellectual disability in the third degree, is a Class A misdemeanor. For such a crime, you can receive a fine of up to $2,000 and a prison sentence.