What happens if an individual commits two misdemeanor assaults within 10 years against the same victim?

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If an individual commits two misdemeanor assaults within a 10-year period against the same victim, the law provides for an automatic upgrade of the charge to a felony. This is based on the principle that repeated offenses against the same individual reflect a pattern of behavior that the law considers more serious. Thus, the legal system establishes stricter consequences for those who reoffend in a similar manner, particularly when it concerns the same victim. This change in classification is meant to enhance the protection of victims and deter future criminal behavior.

The other options do not reflect the legal standard in these cases; there is typically no warning issued for repeat offenses of this nature, nor does the classification remain unchanged or merely become a gross misdemeanor. The system acknowledges the increased severity and potential danger posed by someone who has already committed assault against a victim and chooses to do so again.

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