Generally speaking, aggravated assault is a form of assault that is more severely punished due to the seriousness of the crime.
There are many factors that can raise assault to the aggravated variety, including: the victim, the use of a weapon, your intent, and the type of injury that results from the assault.
What are the details of assault with a deadly weapon?
This is one of the most common forms of aggravated assault, and is exactly what the name implies.
However, there is something that many people don’t know: Assault with a deadly weapon can apply regardless of whether the use of a weapon, such as a knife, results in physical injury to the victim.
There are many types of weapons that fall under the “deadly weapons” category, including any that could cause serious injury or death. Of course, whether or not the weapon fits this mold depends largely on the manner in which it is used. For instance, a steak knife is not thought of as a deadly weapon, but it could be if used in the right way.
The victim may matter
In some states, an assault becomes an aggravated assault because of the status of the victim. For example, this could include assault of a fire fighter or police officer.
Depending on the circumstances, aggravated assault can also be associated with a hate crime. This comes into play with assaults resulting from religion, national origin, race, sexual orientation, ethnicity or a disability.
By now, you should understand that aggravated assault is a serious crime that can alter your life (as well as that of the victim) forever.
With this in mind, it’s imperative that you fight to have your aggravated assault downgraded to simple assault. By successfully doing so, the potential punishment is not nearly as severe.
In addition to learning more about your situation, don’t hesitate to consult with a criminal defense attorney. You are in a difficult spot, and it makes sense to work with an experienced legal professional. With the right help on your side, it’s much easier to avoid the most serious charge and punishment, which could include imprisonment for several years.
Source: Nov. 30, -0001