Aggravated assault is a serious crime that can come with severe consequences, which is defined as an attempt to cause serious bodily harm or injury to another person. It’s important to know the definition of assault and the varying degrees of assault to understand what aggravated assault means.
What is Assault?
Definition of Assault
Assault is an intentional act that causes someone to feel a reasonable apprehension of imminent bodily harm. It is crucial to note that an assault charge does not require an actual physical contact, and it is enough to cause the victim to believe that they are in imminent danger.
Simple Assault
Simple assault is the least severe type of assault and generally involves minor physical contact or injury to another person. It is usually charged as a misdemeanor and can result in prison time, fines, and probation. However, if a deadly weapon or firearm is involved in the assault, the charge may be elevated to an aggravated assault.
Assault Charge
Assault charges can come with severe penalties and can harm your reputation, as well as your future employment and opportunities. Therefore, it is important to seek legal assistance from a criminal defense lawyer when an assault charge has been brought against you.
What is Aggravated Assault?
Definition of Aggravated Assault
Aggravated assault is often described as an intentional attempt to cause serious bodily injury or great bodily harm, an assault committed with a deadly weapon or a firearm, or an assault that causes serious bodily harm to another person.
Assault with a Deadly Weapon
Assault with a deadly weapon, such as a gun or a knife, is a very serious crime and is always considered an aggravated assault. The possession or use of a deadly weapon can significantly increase the charges and can result in a more severe punishment.
Aggravated Assault Charges
Aggravated assault charges are considered a felony, and they can result in significant prison time, fines, probation, and loss of privileges such as the right to vote or to possess a firearm. The accused person may also face additional charges, depending on the situation, such as assault and battery crimes.
Consequences of Aggravated Assault
Punishment for Aggravated Assault
The punishment for aggravated assault varies from state to state, but in general, it can range from several years in prison to life imprisonment. Judges often consider the severity of the crime and the criminal record of the accused when imposing penalties.
Felony vs. Misdemeanor
Aggravated assault is considered a felony, while simple assault is usually charged as a misdemeanor. A felony conviction can carry significant long-term consequences, such as not being able to vote or being denied the right to bear arms.
Time in Prison
The length of time spent in prison varies depending on the circumstances of the assault. For an aggravated assault with a deadly weapon, the prison sentence can range from ten years to life. Whereas for an assault with a simple weapon, the offender can serve up to two years in prison.
Legal Help for Aggravated Assault Cases
Criminal Defense for Aggravated Assault
If you have been accused of committing aggravated assault, it’s important to hire a qualified criminal defense lawyer who is well-versed in assault laws and has experience with assault cases. An experienced lawyer can help you navigate the criminal justice system and protect your rights.
Deadly Weapon and Assault and Battery
In some cases, an assault with a deadly weapon can be reduced to an assault and battery charge, which is less severe. It’s important to seek guidance from a criminal defense lawyer regarding the best course of action for your case.
What Is Considered Aggravated Assault?
Understanding the varying degrees of assault and the differences between simple and aggravated assault are key to determining what constitutes an aggravated assault. Generally, an aggravating factor can include the intentional use of a deadly weapon, an act that causes serious bodily injury, or an assault against a vulnerable victim such as an elderly person or a child.
Penal Code and Code Section for Aggravated Assault
Understanding the Penal Code for Aggravated Assault
The penal code for aggravated assault varies from state to state, but generally, the law defines aggravated assault as an intentional act that causes serious bodily harm or injury to another person. The use of a deadly weapon or firearm can elevate the charge to aggravated assault.
Code Section for Aggravated Assault
The code section for aggravated assault is usually found within the state’s criminal laws and can vary depending on the state in which the crime was committed. A criminal lawyer can help you to understand the relevant code section and the penalties that come with a conviction.
Common Defenses for Aggravated Assault
Common defenses for aggravated assault may include self-defense, defense of others, lack of intent or knowledge, and lack of identification. Your criminal defense lawyer can help you to determine the best defense for your specific case.
