A 1399 assault code is not a criminal statute. It is a National Crime Information Center (NCIC) offense code the FBI uses to categorize a general assault on criminal records shared between law enforcement agencies. If 1399 shows up on a rap sheet or background check, it means the underlying charge was some form of assault that didn’t fit a narrower NCIC subcategory. The actual crime, and its penalties, come from the state law the person was charged under.
What the 1399 Code Really Is
The NCIC is a nationwide database maintained by the FBI that assigns numeric codes to offenses so records from different states and agencies can be compared. Assault offenses sit in the 13XX range. More specific assault types get their own numbers, including aggravated assault and assault on a law enforcement officer. Code 1399 is the catch-all entry, labeled “Assault-Remarks,” used when the offense is a general or simple assault that doesn’t match a narrower category.
People sometimes assume 1399 refers to a section number in their state’s penal code. It doesn’t. The charge behind the code depends entirely on which state’s law was violated, and every state defines and penalizes assault a little differently.
What Counts as Assault
Assault is one of the most misunderstood charges. You do not have to actually hit someone to be charged. Hitting someone is battery. Assault typically involves an attempt or a threat to cause physical harm, combined with the apparent present ability to follow through. No physical contact is required.
Most state assault statutes share the same core elements. The person must have taken some action toward causing harm, not merely thought about it. They must have had the present ability to carry it out at the time. And the act must have been deliberate rather than accidental. Some states also require that the victim reasonably perceived the threat.
Simple Assault vs. Aggravated Assault
A 1399 code almost always points to a simple assault rather than an aggravated one. The distinction matters. Simple assault involves a threat or attempt to cause harm without a weapon and without serious injury. Aggravated assault involves a deadly weapon, the intent to cause severe bodily harm, or both.
Aggravated assault carries far heavier penalties. In many states it is a felony punishable by multiple years in state prison and fines of $10,000 or more. Simple assault is typically a misdemeanor. If a background check shows 1399 rather than a specific aggravated assault code, the underlying offense was likely on the less severe end.
Typical Penalties
Because 1399 generally corresponds to a simple assault charge, penalties usually fall in the misdemeanor range. Every state sets its own rules, but convictions across most jurisdictions carry some combination of the following:
- Jail time up to six months to one year in county jail. Many first-time offenders receive probation instead.
- Fines with a typical maximum in the $500 to $1,000 range.
- Probation conditions such as anger management, community service, a stay-away order protecting the victim, and a requirement to avoid further arrests.
Penalties climb when the victim belongs to a protected category. Assaulting a peace officer, firefighter, or emergency medical worker while they are performing their duties can double the maximum fine and extend the potential jail sentence, even when the charge stays a misdemeanor.
Consequences Beyond the Sentence
The criminal penalties are only part of what an assault conviction does. It can reach into other areas of life that outlast any jail time or fine.
Firearm Restrictions
Federal law bars anyone convicted of a felony from possessing firearms or ammunition. If the assault was charged as a felony, that ban is permanent unless the conviction is expunged or pardoned. A separate federal ban applies to anyone convicted of a misdemeanor crime of domestic violence, regardless of the state-level classification.1Office of the Law Revision Counsel. 18 USC 922 Violating these prohibitions is itself a federal crime punishable by up to 10 years in prison.2United States Department of Justice. Quick Reference to Federal Firearms Laws
Immigration Consequences
For non-citizens, an assault conviction can trigger deportation or block a path to citizenship. Federal immigration law defines a conviction broadly, including guilty pleas and cases where the judge withheld a formal finding of guilt but still imposed a penalty or restriction on liberty.3U.S. Citizenship and Immigration Services. Adjudicative Factors Pre-trial diversion programs that require no admission of guilt may avoid this result, which is one reason defense attorneys push for diversion in cases involving non-citizen defendants.
Employment and Housing
A 1399 code appearing on a background check is often what sends people looking for answers in the first place. Employers and landlords routinely run criminal history checks, and an assault record can disqualify applicants from jobs involving vulnerable populations, security clearances, or professional licensing. Some states limit how far back employers can look or bar questions about arrests that did not lead to convictions. A conviction itself is generally fair game.
Civil Lawsuits Are a Separate Track
A criminal case is not the only exposure after an assault. The victim can file a civil lawsuit for medical bills, lost wages, pain and suffering, and emotional distress. Civil and criminal cases run separately, and civil cases use a lower standard of proof. A person can be acquitted of criminal assault and still lose the civil case over the same incident.
Civil deadlines vary by state but commonly fall in a two-to-three-year range from the date of the incident. Missing that window ends the right to sue.
What to Do if You See 1399 on a Record
The code by itself does not tell you much beyond “some type of assault.” To get the full picture, pull the underlying court records from the jurisdiction where the case was filed. Those records show the specific statute charged, the disposition (conviction, dismissal, or diversion), and the sentence. Many courts offer online case search tools, and you can request records directly from the clerk of court in the county where the case was handled.
If the case ended in a dismissal or a completed diversion, the record may be eligible for expungement or sealing under state law. An expunged record generally will not appear on standard background checks, which can matter for job and housing applications.