Alaska Misdemeanor and Felony Assault Laws

In Alaska, a person commits assault by harming another person or causing the person to fear such harm. The state divides assault into four degrees. Read on to learn how Alaska distinguishes and punishes the various degrees of assault.

What Is Considered an Assault in Alaska?

Prosecutors can file assault charges in Alaska when a person injures another intentionally, recklessly, negligently, or with extreme indifference to human life. It's also an assault to intentionally or recklessly threaten or engage in conduct that places another person in fear of harm—even if no harm occurs.

Examples of assault include punching, kicking, or shoving a person. Raising a clenched fist and threatening to hit someone would also be an assault. A person can also commit assault by strangling, stabbing, shooting, or hitting someone with a crowbar or baseball bat.

Is Assault a Felony or Misdemeanor in Alaska?

Assault can be a felony or misdemeanor in Alaska. The state has four degrees of assault crimes. Assaults in the first, second, and third degrees are felonies. Fourth-degree assault is considered a misdemeanor. The state distinguishes degrees and penalties for assault based on the level of harm caused, the defendant's intent, whether a dangerous instrument was used, and the vulnerability of the victim.

Below are a few definitions to help distinguish the different degrees of assault.

Physical injury refers to physical pain or an impairment of physical condition. Examples can include bruises, cuts, abrasions, or pain without any visible marks.

Serious physical injury involves:

• an injury that was caused under circumstances creating a substantial risk of death
• an injury that causes serious and long lasting disfigurement, impairment to health, or loss or impairment of a body part or organ, or
• unlawful termination of a pregnancy.

Broken bones, internal organ damage, serious lacerations, gunshot and stab wounds, and injuries requiring hospitalization or surgery are some examples.

Dangerous instruments include any deadly weapon (like a firearm or hunting knife) or anything capable of causing death or serious harm by how it's used (such as a baseball bat, vehicle, caustic substance, or crowbar). Body parts (hands, feet, knees) or objects (like a rope or bag) when used to strangle or suffocate someone are also considered dangerous instruments.

(Alaska Stat. § 11.81.900 (2024).)

What Is Assault in the Fourth Degree in Alaska?

A person commits assault in the fourth degree—a misdemeanor—by:

• recklessly causing physical injury to another person
• causing, with criminal negligence, physical injury to another person with a dangerous instrument, or
• recklessly placing another person in fear of imminent physical injury through the use of words or other conduct.

(Alaska Stat. § 11.41.230 (2024).)

Examples of 4th-Degree Assault

Examples of fourth-degree assault can include punching, kicking, or shoving someone and causing them physical pain, bruises, or abrasions. Pounding one's fists and walking angrily at someone could also be misdemeanor assault. Throwing a beer bottle to scare someone could also be fourth-degree assault if that bottle shatters and injures the person.

Penalties for Assault in the 4th Degree in Alaska

Assault in the fourth degree carries class A misdemeanor penalties, punishable by up to one year in jail and a $25,000 fine.

A defendant will face a minimum sentence of 20, 30, or 60 days in jail if any of the following apply:

• the crime involved domestic violence
• the assault violated a domestic violence protective order or no-contact order
• the defendant targeted a police officer, firefighter, correctional employee, EMT, or first responder engaged in their duties, or
• the defendant committed the assault on school grounds, on a school bus, or at a school-sponsored event during school hours or event hours.

Fourth-degree assault charges can increase to third-degree assault if the defendant has prior convictions for certain crimes.

(Alaska Stat. §§ 12.55.035, 12.55.135 (2024).)

What Is Assault in the Third Degree in Alaska?

Third-degree assault—a felony—in Alaska covers several scenarios, including assaults involving dangerous instruments or resulting in serious harm, repeated threats of death or serious physical injury, and child abuse by an adult. A person who commits fourth-degree assault and has prior convictions for certain offenses can also face third-degree assault charges.

Assault in the 3rd Degree Involving Threats, Serious Injuries, or Dangerous Instruments

A person commits assault in the third degree by:

• recklessly causing physical injury to another person with a dangerous instrument
• recklessly placing another person in fear of imminent serious physical injury with a dangerous instrument
• repeatedly threatening another with the intent of causing that person to fear death or serious physical injury for oneself or a family member, or
• causing, with criminal negligence, serious physical injury to another.

Examples of third-degree assault could include shooting at someone and grazing their ear, pointing a gun or knife at someone, making repeated threats to shoot someone, or negligently swerving in a car and hitting a pedestrian.

Assault in the 3rd Degree Involving Harm to a Child

An adult who recklessly or knowingly causes physical injuries to a child can also face third-degree assault charges when:

• the child is younger than 12 and a reasonable caregiver would seek medical attention for the injuries
• the child is younger than 12 and the defendant has caused physical injuries on more than one occasion to the child
• the child is 12 to 15 years old and the injury reasonably requires medical treatment.

Bruising or a small cut might not rise to the level of requiring medical attention. However, if a small child suffered headaches, blurred vision, or vomiting, these symptoms would likely cause a reasonable caregiver to seek treatment.

Assault in the 3rd Degree as Enhanced Penalty for Repeat Violent Crimes

A person who commits misdemeanor (4th-degree) assault resulting in physical injuries to a victim can face enhanced third-degree assault charges when they have a history of committing violent offenses. This enhanced penalty applies when the person has two or more prior convictions within the past 10 years for a homicide offense, felony assault, misdemeanor assault with injuries, assault of an unborn child, sexual assault, or stalking.

(Alaska Stat. § 11.41.220 (2024).)

Penalties for Assault in the 3rd Degree in Alaska

Third-degree assault carries class C felony penalties in Alaska. The maximum penalty for a class C felony is five years of prison time and a $50,000 fine.

(Alaska Stat. §§ 12.55.035, 12.55.125 (2024).)

What Is Assault in the Second Degree in Alaska?

A person commits assault in the second degree by:

• intentionally causing physical injury to another person with a dangerous instrument
• recklessly causing serious physical injury to another person, or
• recklessly causing serious physical injury to another person by repeated assaults, even if each individual assault does not separately cause serious physical injury.

(Alaska Stat. § 11.41.210 (2024).)

Examples of 2nd-Degree Assault

Hitting someone with a wood plank or kicking someone with a stiletto heel are examples of second-degree assault as long as the injuries aren't considered serious or life-threatening (in which case, it would be first-degree). Shoving someone down a set of stairs and breaking their arm could be another example, as would punching someone and breaking their jaw. Beating up a victim with repeated punches, kicks, or blows would also be second-degree assault.

Penalties for Assault in the 2nd Degree in Alaska

A person convicted of second-degree assault faces class B felony penalties. The maximum penalty carries up to 10 years in prison and a $100,000 fine.

(Alaska Stat. §§ 12.55.035, 12.55.125 (2024).)

What Is Assault in the First Degree in Alaska?

A person commits assault in the first degree by:

• intentionally causing a serious physical injury to someone
• knowingly engaging in conduct that causes serious physical injury to a person under circumstances showing extreme indifference to the value of human life
• recklessly causing serious physical injury to another person with a dangerous instrument
• recklessly causing serious physical injury to another person by repeated assaults with a dangerous instrument, even if each individual assault does not separately cause serious physical injury, or
• knowingly strangling or suffocating someone and causing them to lose consciousness.

(Alaska Stat. § 11.41.200 (2024).)

Examples of 1st-Degree Assault

Shooting, stabbing, or hitting someone with a crowbar and causing injuries requiring surgery or hospitalization are examples of first-degree assault. Beating someone unconscious or kicking someone so hard it damages an internal organ are also examples. Examples of engaging in conduct showing extreme indifference to human life could include firing shots near someone to scare them but actually hitting them, or spinning donuts in a car and seriously injuring a passenger or pedestrian.

Penalties for Assault in the 1st Degree in Alaska

First-degree assault is a class A felony in Alaska. The maximum penalty carries up to 20 years of prison time and a $250,000 fine.

(Alaska Stat. §§ 12.55.035, 12.55.125 (2024).)

Talk to a Lawyer

If you face misdemeanor or felony assault charges, speak with a criminal defense lawyer. An attorney can help you understand the charges, the potential penalties, and the legal system. Your attorney will evaluate the unique facts of your case and possible defenses.