Aggravated Assault Definition

You’re looking at an assault when someone meant to make another person feel scared or threatened. It can’t happen by accident – the person has to intend it.

Intent is a necessary part of this. A prosecutor needs to show that the victim believed they’d be hurt or offended by what the other person was doing to them. That means the victim was aware of the threat the second it happened. The person accused needs to have shown through their actions that they planned to hurt or offend the victim right then and there.

Here’s what that might look like in some situations. Someone might mime a threat at another person. They could pretend like they’re going to kick someone in a threatening way. A person might act like they’ll spit on someone else. Someone may wave a weapon, whether it’s deadly or not, in a way that makes the other person think they’re about to use it. Even pointing a gun at someone can count as assault, regardless if the gun is loaded.

Some states take a different strategy and they tie assault to attempted battery in their laws. Battery is a separate offense and it means someone made harmful or unwelcome physical contact with another person. Keep in mind that assault and battery aren’t the same thing and the law treats them separately.

States break down assault into “simple” and “aggravated” in their legal codes. You’ll see this classification based on how much damage happened or could have happened to someone. Some states even go further and they label aggravated assault as first-degree, second-degree or third-degree, depending on how bad the injuries were for the victim.

Aggravated assault refers to acts that cause extreme injuries to someone. It also means actions using a deadly weapon. These weapons include a gun, a knife or some brass knuckles. Other things can also make an assault count as aggravated. These include the way the crime is carried out or the identity of the victim in the case.

What Are Examples Of “Aggravating Factors”?

An “aggravating factor” is anything about the crime that makes things worse for the person who’s accused. These aggravating things cause a harsher penalty if someone is found guilty of an offense. The laws in different places choose what counts as an aggravating factor, so these can also look a bit different depending on where you’re located.

Some of the most common ones that we see include when the person has a previous criminal record. That’s also the case for violent crimes in their past. They may have threatened the victim during incidents. Or, they may have used a tool or weapon during the assault. They could have committed the crime in a way that was especially cruel to others. The connection between the person who’s charged and the victim and the victim’s status is important too.

The extent of injuries to the victim is also considered by the court. The assault was done to help carry out another crime in some situations.

Aggravated assault is sometimes considered another way of saying felony assault in legal terms. These felonies are very serious crimes and someone who’s convicted could spend at least a year in prison. If there’s an aggravating factor in the case, the assault is charged as a felony by prosecutors.

What Should I Do If I’ve Been Accused of Aggravated Assault?

If someone accuses you of aggravated assault, you should talk to a criminal defense attorney. You’re looking at some heavy charges and there’s a real chance of facing serious consequences like years in prison, fines that can reach into the thousands, a permanent mark on your criminal record, and losing your right to own a gun or any other deadly weapon.

You could also end up dealing with a lawsuit if the alleged victim takes you to a civil court over the assault. You might have to pay some money if they win, since these cases can give you some damages for injuries or losses caused by the alleged assault.

To improve your odds of fighting aggravated assault charges, have a lawyer who can protect your rights in court. Also make sure to save any evidence that could back up your side of the story.

What Are Some Common Defenses to Aggravated Assault?

Each state sets its own laws for what counts as aggravated assault and those same laws also choose what defenses you can use if you’ve been charged. If you can prove that you didn’t do it at all, that’s the strongest option for you. But even if you’re not factually innocent, your state lets you use other ways to defend yourself against these charges.

You might show that you acted in self-defense or you stepped in to protect another person or your own property. You can argue that you only reacted to a real or seen threat which still falls under provocation in the law. If the victim consented to the activity, that could be a defense. Another defense applies when there’s no proof that a deadly weapon was used in the incident. Plus if the victim accepted the danger – like joking about throwing punches and it escalated – you could be able to use that fact in your defense.

There are other possible defenses that include involuntary intoxication for you to remember. If someone drugged you without your knowledge and you weren’t aware of what was happening during the incident, you could argue that your actions weren’t intentional at all. You might also have a case if you were forced or threatened into committing the assault against your will. Just for an example, if someone held you at gunpoint and told you to hurt someone else, you could argue that you acted under duress or coercion. It’s also possible for you to challenge the charges if the officers broke your constitutional rights during your arrest.

If factual innocence isn’t available to you, showing that you never meant to cause any harm or fear is the next best strategy for your case. In other words, if you didn’t intend for the victim to get hurt or scared, this could improve your defense.

When you use the right defense in your case, you might have the charges reduced or dropped completely which could mean the difference between a felony and a misdemeanor for you. It pays to look at every possible option for your defense.

Should I Hire an Attorney if I’m Facing Aggravated Assault Charges?

When you have an aggravated assault charge, you should reach out to an experienced assault attorney once possible. LegalMatch can assist you in finding the right lawyer for your specific case.

It isn’t something you want to manage solo. A good criminal defense lawyer walks you through all your rights and helps you figure out what defenses could be available and can stand up for you in court if it ever comes to that.

If you’re someone who has experienced an aggravated assault, you should contact your local authorities.

After that, you can also try speaking with a criminal lawyer near you to learn about any other steps you can take. They’ll break it down step by step.