Being charged with two counts of aggravated assault means prosecutors are treating each alleged act as its own felony, each one carrying its own potential prison term. The combined exposure can range from a few years to several decades, and the single question that determines where you land in that range is whether a judge orders the sentences to run at the same time or back-to-back.
Why There Are Two Counts
A second count almost always reflects one of two situations: two people were injured during a single incident, or the same victim was assaulted on two separate occasions. Prosecutors charge each one individually because each represents a separate criminal act. Aggravating circumstances layer on top of that — using a deadly weapon, targeting a law enforcement officer, or injuring someone who is particularly vulnerable can push each charge into a higher felony degree and raise the maximum sentence per count.1Legal Information Institute. Aggravated Assault
Plea bargaining is common at this stage. Prosecutors may offer to drop one count in exchange for a guilty plea on the other, or reduce both counts from aggravated assault to simple assault. The strength of the evidence, your criminal history, and how badly the victims were hurt all influence what the prosecution is willing to put on the table. A deal that collapses two felony counts into one misdemeanor is a different world from losing both counts at trial.
Concurrent vs. Consecutive Sentences
This is where two counts diverge sharply from one. When you’re convicted of multiple offenses, the judge decides whether the sentences run concurrently (at the same time) or consecutively (back-to-back). In federal court, 18 U.S.C. § 3584 governs that choice, with judges weighing the seriousness of the offense, deterrence, and the broader sentencing factors in 18 U.S.C. § 3553.2Legal Information Institute. Consecutive Sentence
Concurrent sentences mean two 10-year terms effectively become one 10-year term. Consecutive sentences mean those same terms stack into 20. Factors that push toward consecutive sentences include separate victims, incidents on different dates, escalating violence, and prior convictions. Factors that pull toward concurrent sentences include a single incident, youth or a lack of criminal history, and circumstances suggesting the counts arose from one continuous act rather than distinct choices.
State rules vary. A few states require consecutive sentences for certain violent felonies by statute. Others default to concurrent unless the judge specifically orders otherwise. The argument your attorney makes at sentencing is often the highest-value moment in the entire case.
Sentencing Ranges Per Count
Aggravated assault is a felony in essentially every jurisdiction, with specific penalties that vary by degree and by state.3United States Sentencing Commission. Amendment 614 – Aggravated Assault At the federal level, assault with a dangerous weapon or assault resulting in serious bodily injury each carry up to 10 years in prison per count.4Office of the Law Revision Counsel. United States Code Title 18 – Section 113 State ranges spread wider. In New Jersey, for example, aggravated assault causing serious bodily injury is a second-degree offense carrying 5 to 10 years and up to $150,000 in fines.1Legal Information Institute. Aggravated Assault Other states set maximums of 15 or 20 years for the most serious classifications.
Within those ranges, judges look at:
- Severity of injuries. Permanent disfigurement, broken bones, or injuries requiring surgery push toward the top of the range.
- Weapon use. A deadly weapon often triggers a mandatory minimum in states that have one, removing some judicial discretion.
- Intent. Premeditated attacks are sentenced more harshly than impulsive acts during a chaotic scene.
- Criminal history. Habitual offender statutes in many states increase the maximum by 25%, 50%, or 100% based on prior felonies.
- Mitigating circumstances. A clean record, young age, mental health conditions, or genuine remorse can move the sentence down.
Now double it. If each count carries 5 to 10 years and the judge orders consecutive sentences, the combined range becomes 10 to 20. That math is what makes the consecutive-versus-concurrent question so decisive.
Defenses That Apply to Each Count
A defense that eliminates one count still leaves the other. The strategy is usually to attack each charge individually while running arguments that apply to both.
Self-Defense
A self-defense claim requires showing you reasonably believed you or someone else faced imminent serious harm, that the force used was proportional to the threat, and that you stopped once the threat ended. Most jurisdictions won’t accept the claim if you started the confrontation, and some require you to retreat if you can safely do so. “Stand your ground” states eliminate the duty to retreat where you’re legally allowed to be. In a two-count case, the harder part is often explaining why the level of force was justified against two separate alleged assaults.
Lack of Intent
Aggravated assault requires intent to cause serious harm. If the prosecution can’t prove you meant to injure anyone, the charges may be reduced or dismissed. Bar fights and crowded scenes often create reasonable doubt about what the defendant actually intended. Accidental contact that causes injury isn’t aggravated assault.
Mistaken Identity
When multiple people are involved, witnesses may misidentify who did what. Challenging eyewitness reliability, questioning surveillance footage, and presenting alibi evidence can create reasonable doubt about your involvement in one or both counts.
Procedural Violations
Constitutional errors during the investigation or arrest can knock out evidence. Illegal searches, missing Miranda warnings before interrogation, or coerced statements can all lead a judge to suppress what the prosecution planned to use. Losing key evidence can weaken a case enough to force a dismissal or a better plea offer.
Bond at the Initial Hearing
Within a day or two of arrest, you’ll appear before a judge for an initial hearing where the charges are read, counsel is arranged, and the court decides whether to release you before trial.5U.S. Department of Justice. Initial Hearing / Arraignment Bond amounts for aggravated assault are typically high. Courts weigh the severity of the charges, your record, community ties, flight risk, and danger to the public. Two counts of a violent felony raise both the flight and public-safety concerns, which often pushes the figure higher than a single count would. When weapons were involved or injuries were severe, bond can go higher still or be denied outright.
Defendants who can’t pay the full amount sometimes use a bail bondsman, who posts the bond for a non-refundable fee, usually around 10%. Missing a court date leads to forfeiture and, in most jurisdictions, a separate failure-to-appear charge. Courts commonly add conditions like surrendering firearms, GPS monitoring, or no-contact orders with the alleged victims.
Restitution and Civil Exposure
Beyond prison time and fines, courts routinely order defendants to repay victims for financial harm. Under the federal Mandatory Victims Restitution Act, a judge must order restitution for offenses involving bodily injury, covering medical treatment, physical therapy and rehabilitation, and lost income.6GovInfo. United States Code Title 18 – Section 3663A Most states have parallel statutes for state-level convictions.
With two counts and potentially two victims, the obligation can be substantial. If one victim needed surgery and missed months of work and another required ongoing therapy, the combined order can reach tens of thousands of dollars. Courts consider your current and future ability to pay, sometimes stretching installment plans well past the prison term. Restitution is typically not dischargeable in bankruptcy.
Victims can also sue separately in civil court, where the standard is a preponderance of the evidence rather than proof beyond a reasonable doubt.7Legal Information Institute. Burden of Proof Acquittal on the criminal charges doesn’t protect you from civil liability on the same conduct.
Life After a Conviction
A felony conviction doesn’t end at the prison gate. The downstream effects shape work, housing, and civil rights for years.
Firearm Prohibition
Federal law permanently bars anyone convicted of a crime punishable by more than one year in prison from possessing a firearm or ammunition.8Office of the Law Revision Counsel. United States Code Title 18 – Section 922 Aggravated assault clears that threshold easily. Violating the ban is itself a federal felony. For defendants with three or more prior convictions for violent felonies or serious drug crimes, the Armed Career Criminal Act adds a 15-year mandatory minimum on top of the original sentence.9United States Sentencing Commission. Section 922(g) Firearms
Voting and Civil Rights
Felony convictions affect voting rights, but how much depends entirely on the state. Rules range from no loss of voting rights at all to permanent disenfranchisement for certain offenses, with most states falling somewhere between automatic restoration on release and restoration after full completion of parole and probation.10National Conference of State Legislatures. Restoration of Voting Rights for Felons Jury service and the ability to hold public office follow similar state-by-state patterns.
Employment, Licensing, and Housing
Most employers run background checks, and a violent felony conviction makes hiring harder in fields that involve security clearance, trust positions, or work with vulnerable populations. Licensing boards in healthcare, insurance, education, and law enforcement commonly deny or revoke licenses based on violent felony convictions, with some states imposing disqualifying periods of five to fifteen years after sentence completion and some barring licensure permanently. Landlords screen for criminal records too, and public housing authorities can deny admission based on criminal activity. Finding stable housing after a violent-felony conviction is one of the most underestimated practical challenges of reentry.
Immigration Consequences for Non-Citizens
For non-citizens, the immigration fallout can outweigh the prison sentence. Under federal immigration law, any non-citizen convicted of an aggravated felony after admission to the United States is deportable.11Office of the Law Revision Counsel. United States Code Title 8 – Section 1227 Aggravated assault qualifies as an aggravated felony for immigration purposes when it meets the definition of a “crime of violence” and carries a prison term of at least one year.12Legal Information Institute. United States Code Title 8 – Section 1101(a)(43) – Aggravated Felony
A “crime of violence” means an offense involving the use, attempted use, or threatened use of physical force against another person.13Office of the Law Revision Counsel. United States Code Title 18 – Section 16 Two counts of aggravated assault almost certainly satisfy that definition. Consequences can include mandatory detention, removal proceedings, and permanent bars to future reentry. A plea deal that looks favorable on the sentencing side can still trigger automatic deportation, so non-citizens should bring an immigration attorney in alongside criminal defense counsel.
What Defense Costs
Defending two felony assault counts is expensive. Private criminal defense attorneys handling multiple violent-felony charges typically require upfront retainers ranging from $10,000 to over $50,000, depending on the complexity of the case, the attorney’s experience, and local rates. Trials cost more than plea deals because of preparation time, expert witnesses, and courtroom hours. Two counts usually mean more evidence to review, more witnesses to depose, and more legal arguments to prepare.
If you can’t afford private counsel, you have a constitutional right to court-appointed representation. Public defenders handle serious felonies every day and are often highly skilled trial attorneys, though their caseloads can limit the time any one case receives. Mandatory court fees and administrative costs on conviction typically run from $30 to $300 per case, which is minor next to the restitution obligations described above.