Top Kayenta, AZ Aggravated Assault Lawyers Near You
11246 Ford Ave, Richmond Hill, GA 31324
20 Vesey St Rm 400, New York, NY 10007
1299 Route 22 East, Mountainside, NJ 07092
69 Grove Street, Somerville, NJ 08876-2438
135 E John Sims Pkwy, Unit 202, Niceville, FL 32578
461 West Linden Street, Allentown, PA 18101
32 Court Street, Suite 408, Brooklyn, NY 11201
North Point Tower, 1001 Lakeside Ave., Suite 1400, Cleveland, OH 44114
8565 Dunwoody Pl, Suite A, Atlanta, GA 30350
310 Grant Street, Suite 2901, Pittsburgh, PA 15219
1901 Avenue of the Stars, Suite 200, Los Angeles, CA 90067
2525 Ponce de Leon Blvd., Suite 300, Miami, FL 33134
201 4th Ave N, Suite 1800, Nashville, TN 37219
748 Southeast 181st Avenue, Portland, OR 97233
290 Franklin Wright Boulevard, Lake Orion, MI 48362
2330 W. Main Street, Visalia, CA 93291
26 Journal Square, Suite 1201, Jersey City, NJ 07306
PO Box 33863, Cleveland, OH 44113
2201 E Camelback Rd, Suite 120, Phoenix, AZ 85016
7081 West Blvd, Suite 4, Youngstown, OH 44512
105 Hardman Court, Suite 110, South St. Paul, MN 55075
124 West Union St., PO Box 1269, Morganton, NC 28680
1775 Margaret St, Appleton, WI 54913
302 North Huron Street, Ypsilanti, MI 48197
400 Vestavia Parkway, Suite 306, Birmingham, AL 35216
Kayenta Aggravated Assault Information
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What Is Aggravated Assault?
Aggravated assault is a charge for threatening to physically injure, or actually physically injuring, a victim. In some jurisdictions, this behavior may also fall under battery or aggravated battery charges, though there is a distinction between the two charges in certain states which differentiate between assault and battery.
In these jurisdictions, assault is separated from battery where battery requires actual physical contact to be made between offender and victim. Assault charges are not bound by any such elemental requirement and can be just a serious threat made with intent.
Is Aggravated Assault a Felony?
Aggravated assault is categorized as a felony in nearly all instances. Due to the severity of the crime, it is differentiated from simple assault, which can sometimes be classified as a misdemeanor rather than a felony.
What’s the Difference Between Assault and Aggravated Assault?
The primary difference between assault and aggravated assault is the severity of the offense. There are several ways an instance of assault can escalate into an instance of aggravated assault — the threat of use of, or use of, a deadly weapon being one primary example.
Further, assault of a minor, assault of the elderly, assault of an individual in the public service or assault of an individual for whom you are designated a caretaker can all result in aggravated assault charges rather than simple assault charges.
Simple assault can be as simple as making a verbal threat against a victim with intent to start a fistfight, but aggravated assault might be something more like pulling a gun or a knife out, brandishing it threateningly at the victim.
What Is the Penalty for Aggravated Assault?
The penalty for aggravated assault is typically quite severe, and the charge is prone to sentence enhancement for a variety of reasons.
Aggravated assault is typically charged at the state level, as battery and aggravated battery are the nearby charges which are typically heard in federal court. That being said, penalties do vary based on the degree classification of the felony, the particulars relevant to each incidental case and the state the case is being heard in.
In some states, the penalty for aggravated assault could be one year of imprisonment, fines of up to $10,000 and a potential probation period. Aggravated assault can also be either a second-degree felony or a first-degree felony. The penalty for second-degree aggravated assault is a jail term of two to 20 years, while first-degree aggravated assault penalties can include five to 99 years in jail.
Aggravated assault can lead to prison for any number of years, with sentencing enhancement allowing for what are essentially life sentences in some states.
Can I Get Probation for Aggravated Assault?
Probation is a common penalty if you are convicted of aggravated assault, given that the crime is, by its nature, a violent offense. A probation period may stretch anywhere from six months to a few years, with it being necessary to keep in regular contact with a probation officer as well as abiding by all rules set forth at the outset of the probationary period.
Those looking to avoid probation or conviction of aggravated assault charges should secure an experienced and professional legal counsel as soon as possible. Even if a trial may look unfavorable to you, your lawyer may be able to negotiate a reduced sentence via a plea deal or bargain with the prosecution.
Were You Charged with Aggravated Assault?
Aggravated assault is the crime of assault but is more serious by the law. The crime could escalate to aggravated assault by using a weapon, based on who the victim is and also the intent of the person.
What Are Aggravated Assault Legal Options?
If you are charged with aggravated assault immediately contact a criminal defense lawyer experienced in aggravated assault cases. The lawyer will explain the law to you, outline your options, form your defense and aggressively challenge the evidence against you.