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Aggravated Assault Defenses

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Aggravated Assault Defenses

Aggravated assault is the physical act of  attempting to cause serious bodily harm or placing someone in fear of an imminent battery while using a deadly weapon. It may also be assault with another aggravating factor, such as the victim being a child or a police officer.

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 an attempt 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:

  • Consent: Consent consists of the victim telling or indicating to the defendant she could assault her with a deadly weapons.
  • Self-defense: A person has a legal right to use physical force to defend themselves from bodily harm. The force must match the force used by the assailant. The two types of self-defense are:
    • Imperfect self-defense: The victim of an attack uses more force than is reasonable or justifiable. For example, an assailant threatens to beat the victim. The victim, who is accused of aggravated assault, pulls out a gun and threatens to kill the assailant.
    • Perfect self-defense: The victim of an attack responding with the appropriate and reasonable amount of force compared to the assailant.
  • Defense of others: An individual has the right to defend another person if he has the honest, real belief the person in going to be harmed by the assailant.

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.

Photo of page author Taelonnda Sewell

, LegalMatch Legal Writer

Last Modified: 12-20-2016 08:46 PM PST

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