Best Ways To Understand Aggravated Assault For Stable Criminal Defense
We all know that assault is a felony that requires an intentional attack on someone else with the idea to cause harm. On the other hand, the more severe type of offense is aggravated assault which is an assault with high levels of seriousness.
Factors that make aggravated assault means using a weapon, intent of the perpetrator, status of victim and degree of caused injury. If attacks happen in the home, they can also qualify as aggravated assault.
Most states classify certain degrees of assault as aggravated assault under various criminal codes. We recommend you to check tips on choosing legal counsel so that you can rest assured all the way if you get aggravated assault charges.
Common attacks are misdemeanors, while aggravated assaults are felonies.
Using Deadly Weapon
Have in mind that when you use weapon during an assault, the state considers it as aggravated assault. This particular thing will apply even if you don’t use the gun and have it with you during the assault. When it comes to basic assault, it doesn’t require causing physical harm, but the perpetrator must behave in a way where he wanted to put someone into reasonable fear for their safety.
However, when you threaten a person with a deadly weapon, the assault becomes aggravated because the damaged part had feared for severe injury. Most weapons that classify as deadly ones include things that could cause severe injury or even death. Some weapons fit this particular bill such as guns.
It doesn’t matter whether objects are deadly because everything depends on context, situation, and manner in which they are used in the assault. For instance, a pocket knife is not a lethal weapon according to law, but if you hold it to the victim’s neck, it becomes deadly.
Identity Of The Victim
Assaults could become aggravated assaults based on the victim’s status. For example, some states will punish assault on firefighters, police officers and other state personnel as aggravated assault. Typically speaking, to constitute common assault into an aggravated one, the victim has to be on duty when assaulted, and the perpetrator must know the status of the victim.
If you want to find out more on aggravated assault and its definition, you should click here.
Apart from that the possible punishment for aggravated assaults can constitute hate crimes. This particular type of assault is based on ethnicity, race, national origin, sexual orientation, religion and disability of the victim.
Intent Of The Perpetrator
Another factor that can push the assault into aggravated one is the mental state of the perpetrator. If the perpetrator wanted to create severe fear of harm, the assault could easily become aggravated based on context.
Of course, everything depends on the state, but in some areas reckless behavior can also become aggravated assault in a case that someone acts with reckless indifference on possibilities and human life. It means that the perpetrator didn’t have specific intent to injure someone but acted recklessly which caused injury to another side.
If you use deadly or dangerous weapons during an assault, it can become aggravated even if you didn’t have specific intent to cause injury.
Injury Degree To The Victim
If the perpetrator caused an assault that ended up with severe injuries to the victim, the type of assault becomes aggravated. In all states in the USA, assaults that cause severe bodily harm will qualify to become an aggravated assault.
Of course, everything depends on the seriousness of the injury, and the idea varies from case to case. Serious injuries are ones threatening with death, which means that the perpetrator intentionally or unintentionally wanted to disfigure the victim.
Check this website: https://legaldictionary.net/aggravated-assault/ to learn more on ways to differentiate basic assault from aggravated one.
Some states specify that some injuries can qualify as serious ones. If the method of assault that would cause death has caused a minor injury, some states will consider it as aggravated assault. At the same time, you should have in mind that sexual assaults tend to qualify as the specific type of assault based on the state you live in.
What To Do In Case Of Aggravated Assault Charges?
We have mentioned above that aggravated assault cover wide array of circumstances based on your specific context you’re in. The idea is to analyze the facts of your case to create a strong defense that will prove fruitful. Therefore, we recommend you to find a knowledgeable local attorney that will provide you with all the details you need for aggravated assault laws within the state and county you’re in.
That way, you will be able to examine a case and to create a solid defense for the future. If you find a criminal defense attorney with years of experience in aggravated assaults, you will get peace of mind.
At the same time, self-defense is one of the most common ways to protect yourself in an assault case. Of course, you have to prove beyond a reasonable doubt that you wanted to protect yourself and reduce the possibility of getting aggravated assault charges.
If you want to try to show self-defense, you should check your medical records. Records will provide you the idea that the victim was the first one that started a fight which later became aggravated assault. That way you can prove innocence to grand jury and judge.
Most Common Mistakes In Aggravated Assault Cases
One of the most significant mistakes that people do is that brandishing a weapon is a crime itself even if the victim provoked a fight. For example, if someone acts erratically next to you and you feel threatened, if you take out a firearm in self-defense, you will still be able to get charged against aggravated assault.
You cannot take the weapon out unless you have a reasonable idea that the other side will cause you life-threatening harm. These situations are the first proof that law could be misunderstood and even self-defense can get you in serious trouble. Therefore, you should find someone to seek a counsel as soon as you can because that way you will reduce the hassle of getting felony charges.