Aggravated Assault Assault is an incredibly broad category that encompasses a variety of offenses. In general, an assault occurs any time the offender causes bodily harm to the victim. An assault conviction can also be passed down in cases where the offender only threatened to cause harm to the victim.
Aggravated assault is a more severe form of assault and typically involves the use of a weapon that could be deadly. There are also numerous other scenarios that could elevate an assault charge to an aggravated assault charge. These scenarios pertain to the type of victim, the intent of the offender, the extent of the resulting injuries and even the location where the assault took place. We'll discuss the particulars of these scenarios in the sections that follow.
Basic Assault
Basic assault occurs any time the perpetrator causes physical harm to the victim. However, an attacker can also generate an assault charge by merely threatening to cause harm. In order for a threat to qualify as assault, the victim must have reason to legitimately fear for their safety. Thus, an idle threat would not necessarily result in a charge of assault if the attacker did not actually intend to follow through on the threat. If the victim truly believed that they were at risk, then the threat would constitute assault. In most cases, simple assaults are charged as misdemeanors.
Escalating to Aggravated Assault
Each state has its own specific requirements as to what constitutes aggravated assault, and in most cases, this offense is charged as a felony. Depending on the jurisdiction where the offense took place, there may be multiple degrees of aggravated assault, each resulting in different penalties. Oftentimes, these different degrees of aggravated assault have more specific designations in the criminal code.
Though the exact requirements may vary by state, here's a look at some of the most common situations that can result in an assault charge being upgraded to an aggravated assault charge.
Any time an offender uses a deadly weapon in the course of an assault, the charge will be elevated to aggravated assault. This holds true regardless of whether the weapon was actually used to harm the victim. As long as the perpetrator had a deadly weapon and threatened to use it, the charge will be aggravated assault. This is because there is far greater risk to the victim when a weapon is involved than if the perpetrator was using just their own body. With a weapon, the victim's injuries are likely to be far more severe, and there is the risk of death.
To be classified as a deadly weapon, the weapon in question must have the capability to kill the victim. Guns are always considered deadly weapons, as well as large knives. Other weapons can also qualify as deadly, depending on how they are used in the assault. For example, a baseball bat used to hit someone on the leg would not be considered deadly, but if it was used to hit the victim in the head, it likely would meet the requirements to qualify as deadly. Similarly, a pocket knife would typically not be deemed a deadly weapon, but if it was held to the victim's throat or wrist, it could be considered deadly
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Punishment for Aggravated Assault
In nearly all states, aggravated assault is considered to be a felony charge. This means that it comes with much steeper penalties than a basic assault, which is usually considered a misdemeanor. The specific penalties vary by state, so it would be unwieldy to list them here. However, there are some common threads across the country.
For starters, someone convicted of aggravated assault will typically have to pay a fine. This can range from $1,000 to $10,000, depending on the state and the severity of the offense. Jail time is another possibility, but again, this varies by state. If an offender is incarcerated, it will typically be for a period of several years.
The courts also have the option of imposing additional penalties, like anger management classes, community service and restitution to the victim, to name a few possibilities. These additional penalties are up to the court's discretion.
Aside from the legal punishments, those who are convicted of aggravated assault often find it difficult to gain employment after being released from prison. This is because most employers are wary of hiring someone who is known to have a violent past, as it could put their customers and other employees at risk. An aggravated assault conviction can put a strain on the offender's personal relationships as well.
A convicted felon will no longer be eligible to vote in local, state and national elections. They will also not be able to serve on a jury or purchase a firearm. Repeat offenders could be sentenced to life in prison under the three-strikes rule.
Defending Against an Aggravated Assault Charge
If you have been charged with aggravated assault, there are a few possible routes for your defense. First of all, you will not be held responsible for the victim's injuries if the victim consented to the attack. While this may seem like an unusual scenario, it can come into play in areas like boxing gyms where members fight one another for practice or if the victim and attacker were engaging in rough horseplay that unintentionally went a bit too far.
Your second option for defense relates to the prevention of another crime. For example, if you attacked someone who was in the process of committing another crime in an event to stop that crime, you likely would not be charged with aggravated assault, as your actions were intended to protect yourself or others.
Finally, aggravated assault charges can be avoided if you were protecting your personal residence or property. However, the results in these types of cases can be quite subjective, so you'll need to discuss the specifics of your case with your attorney. Your results will likely depend on the extent of your retaliation against your attacker, compared with the severity of the initial attack
Getting Professional Legal Assistance
Aggravated assault is a serious offense, so you don't want to leave your fate in the hands of a public defender or try to represent yourself in this matter. It is well worth the extra expense to hire a professional attorney who has experience in this area to give yourself the best possible chance of generating a favorable result.
Here at Sex Crimes Attorney, we have a lot of experience in handling all types of assault cases, including basic assault, sexual assault and aggravated assault. If you have had aggravated assault charges brought against you, we will do everything in our power to help you avoid jail time and minimize the impact of the charge on the rest of your life.
When you work with us, we'll start by examining all of the specific details of your case. This will enable our attorneys to formulate a plan for your defense based on the particulars of your case. We recognize that no two assault cases are exactly alike, and we promise that we will always take an individualized approach to each new case, giving your case the personalized attention it deserves.
We'll start off with a free, no-obligation consultation so that you can get to know your attorney right from the start. Once your attorney has reviewed your case and gone over your defense options with you, it will be up to you to decide if working with us is right for your needs and preferences. This is quite a personal decision, and we will never pressure you in any way. Feel free to take as much time as you need to come to your final decision.
We welcome you to get in touch with us to learn more about our legal services in this area. Our associates are always happy to answer any questions you have about aggravated assault, our process and your next steps. We want to ensure you have everything you need to make an informed decision about working with us. We want you to have confidence that you made the right choice.
Reach out to Sex Crimes Attorney at 888-666-8480 today to learn more about us and schedule your free consultation with one of our aggravated assault attorneys.