Top New Castle, DE Aggravated Assault Lawyers Near You
1201 N Market St, Suite 1407, Wilmington, DE 19801
Renaissance Centre, 405 N. King Street, 8th Flr., Wilmington, DE 19801
222 Delaware Ave, Suite 1410, Wilmington, DE 19801-1621
300 Delaware Ave, Suite 1015, Wilmington, DE 19801
221 W 10th St, Suite 412, Wilmington, DE 19801
1201 N Market St, Suite 1200, Wilmington, DE 19899
123 S Justison Street, Suite 100, Wilmington, DE 19801
222 Delaware Avenue, 7th Floor, Wilmington, DE 19801
Nemours Building, 1007 N. Orange Street, Suite 600, Wilmington, DE 19801
2 Penns Way, Suite 300, New Castle, DE 19720
1201 North Market Street, Suite 800, Wilmington, DE 19801
Liberty Plaza, Suite 11A, Newark, DE 19711
1716 Wawaset Street, PO Box 188, Wilmington, DE 19899
1701 North Market Street, PO Box 248, Wilmington, DE 19899
1228 North King Street, PO Box 1795, Wilmington, DE 19899
1201 N Market St, Ste. 1100, Wilmington, DE 19801
2055 Limestone Road, Suite 211, Wilmington, DE 19808
1313 North Market Street, Suite 1200, Wilmington, DE 19801
300 Delaware Avenue, Suite 1220, Wilmington, DE 19801-1607
222 Delaware Ave, Suite 1200, Wilmington, DE 19801-1050
3200 Concord Pike, PO Box 7329, Wilmington, DE 19803
14 Ashley Place, Wilmington, DE 19804
1201 North Market Street, Suite 2100, Wilmington, DE 19801
1000 N West St, 14th Floor, Wilmington, DE 19801
800 N. King Street, Suite 303, Wilmington, DE 19801
New Castle 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.