Aggravated Assault

A criminal conviction for aggravated assault can have lasting negative effects on your life. You could face jail time, fines, restitution to the victim, and the reputational hit of having a felony on your record.

Preparing a thorough defense against an aggravated assault charge is crucial for minimizing or eliminating harsh penalties that could follow you for years. A thorough defense starts with seeking a criminal defense attorney to represent you.

What Is Aggravated Assault?

Assault is an unwanted, intentional contact against another person. This includes just a threat of contact that causes a person to have a reasonable fear that physical contact will happen. Simple assault can be any type of contact, regardless of the extent of injury. The intent for simple assault usually isn’t intent to cause great bodily harm, only intent to make contact with someone else’s body.

Aggravated assault, on the other hand, is a type of assault that involves an intent to cause a significant injury to another person. Typically you must use a type of force against them that you know could lead to serious harm or even death. The use of a deadly weapon is often a factor that indicates an aggravated assault. Using a deadly weapon or a dangerous weapon, including a motor vehicle, as a threat to another person can be tried as attempted aggravated assault. Some states identify assault with a deadly weapon as its own crime.

Actions that count as aggravated assault and their punishments differ from state to state. In some states, you may see stiffer penalties for aggravated assaults that happen in a domestic violence situation.

Are There Varying Degrees of Aggravated Assault?

Yes. Aggravated Assault charges can be broken into varying levels of severity. However, any aggravated assault charge is a felony charge. The types of aggravated assault and their common punishments are:

• First-degree aggravated assault: First-degree aggravated assault is the most serious. Typically, aggravated assault requires premeditation to commit the violent act or the attempt of the act. While penalties for a first-degree aggravated assault charge will vary by state, convictions typically result in a prison sentence of up to 25 years or more and steep fines that can top $20,000.
• Second-degree aggravated assault: Second-degree aggravated assault, while a lesser charge than first-degree, is almost always a felony. Unlike first-degree, aggravated assault in the second degree typically lacks premeditation, though it does still have the intentional act of causing or attempting to cause serious bodily harm or injury. Depending on your state, a conviction for second-degree aggravated assault could lead to 10 or 15 years in jail, and fines of several thousand dollars.
• Third-degree aggravated assault: When the aggravated assault still causes or threatens serious bodily injury, but is more reckless than intentional in nature, some states may consider it a third-degree offense. Penalties for this type of aggravated assault range from one year in prison up to five years or even 10. Fines are usually a couple of thousand dollars.

An aggravated assault conviction of any degree will result in a criminal record. On top of fines, victims of aggravated assault can also take the perpetrators to civil court to sue for compensation for their injuries.

Are There Defenses for Aggravated Assault?

Yes. There are some defenses that you can argue in court. Some defenses for assault cases are:

• Self-defense or defense of others: If you can prove you were defending yourself or someone else from immediate danger, you may have a valid defense. However, the level of force used must be reasonable and proportionate to the threat.

• Consent: Sometimes, the alleged victim may have consented to the actions that led to the assault, making it a defense you could use in court.
• Mistaken identity: If you can show you were wrongly identified as the perpetrator, it can be a strong defense.
• Alibi: Providing evidence that you were not at the scene of the crime during the alleged assault can also serve as a defense.

An Attorney Will Make Things Less Stressful

Since criminal laws vary from state to state, consult an attorney to help you determine what criminal charges you are facing. Consulting with a criminal defense lawyer is crucial when facing such serious charges. They will help you fight to protect your freedom.