Aggravated Assault Defenses

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Aggravated Assault Defenses

Aggravated assault is the physical act of causing serious bodily harm or placing someone in fear of an imminent battery while using a deadly weapon.

What Happens If I Am Accused of Aggravated Assault?

If you are accused of aggravated assault, the prosecutor must still prove all of the elements of aggravated assault in order to convict you. The elements for aggravated assault are:

 

  1. The intent to create apprehension or fear within the victim
  2. The intentional act was most likely the result of use of force with a deadly, or dangerous, weapon
  3. The application of force if used against the victim would most likely cause serious bodily injury

You have the right to counter the prosecutors’ argument with a criminal defense.

What Are Aggravated Assault Defenses?

The particular defenses that can be used in an aggravated assault case depend on circumstances involved in the case. The most common defenses used in an aggravated assault charge are:

 

Should I Discuss Available Defenses with an Attorney?

Yes. If you are accused of aggravated assault, you should contact a criminal attorney immediately. An attorney can help you decide the available defenses you can use to prove you are not guilty of the assault charge.

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Last Modified: 06-23-2015 11:33 AM PDT

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