The Difference in the Criminality of Aggravated Assault Charges
The criminal justice system is a complex structure that intends to keep innocent people safe. There are huge penalties in place for crimes that bring direct harm, such as assault.
What you might not know is that there are different categories of assault, such as aggravated and assault with a deadly weapon. The aggravated category might not be the most obvious, so it’ll take some research.
Read on to learn about aggravated assault and how these circumstances come into play.
Understand What Details Upgrade it to an Aggravated Assault
When studying the law, you’ll see that these cases are broken down into simple assault, assault, and aggravated assault.
A simple assault refers to a situation in which the victim isn’t injured or they’re only minorly injured. Pushing a person is an example of a simple assault. No one gets hurt, but the perpetrator infringed on someone’s personal space.
In terms of minor injuries, simple assaults could involve things like black eyes or scratches.
Assault is a category that is broader, and could also include matters like rape or sexual assault. These cases could involve misdemeanors or felonies.
This is a circumstance in which a weapon or another aggravating factor is involved. This could mean using an object to strike someone or using a weapon like a gun, knife, brass knuckles, or pepper spray.
The situation could also be upgraded to aggravated due to the nature of the injuries. If the injuries are so severe that ill intent and danger are involved, it will likely get upgraded to a felony. Things like wearing a mask during the assault, threatening with a weapon, or attempting or threatening sexual assault might also denote aggravated assault.
Research the Various Degrees
Now that you understand what constitutes aggravated assault, you’ll need to also get to know the various degrees of the charge. If the charge is first-degree, it means that the attack was premeditated and that malice was at play. Second-degree happens when the assault was not premeditated.
With third-degree assault, the attack or attempt is minor and doesn’t create or intend to create serious damage. Further, fourth-degree charges involve minor or incidental contact.
Factor in the Penalties That Come With the Case
When you’re dealing with aggravated assault, you might expect to pay anywhere between a year behind bars and 20 years behind bars. These matters will depend on the nature of the incident, the level of damage, and the intent of the attacker.
It’s also important to understand that this is a felony case that will stay on a person’s record. As a result, anyone facing one of these charges should seek legal assistance from a qualified criminal attorney.
Learn the Ins and Outs of the Law
These tips will let you know everything you need to know about aggravated assault. You need to brush up on the law so that you know how to carve out a gameplan that protects your interests.
Come back for more information on aggravated assault and other aspects of the law.