When a person commits a crime of violence against another individual, he or she is often charged with assault. The level of violence and the intention of the individual often determine what type of assault charge will be filed, whether it is simple assault, assault and battery, or aggravated assault. Aggravated assault may also include assault with a deadly weapon and is a serious crime in most states.Do you want to learn more? Visit phoenix aggravated assault lawyer
Aggravated assault is often defined by the individual’s intentions, especially if the person intended serious harm to another individual. Murder, rape, and battery are often strong enough intentions to warrant a charge.
Another factor that is often considered is the extent of injury suffered by the victim of an assault. Attacks that result in serious injury may be enough to justify an aggravated charge. If a deadly weapon was used at any time during the assault, the aggravated tag can usually be applied.
In order to prove aggravated assault, the prosecution usually has to:
o The assault was committed with intent to cause serious physical injury
o A deadly instrument or weapon was used
o The victim’s capacity to resist was impaired by restraints or bonds
o The assault caused temporary or permanent disfigurement
o The assault was committed after the individual entered the victim’s home
o The assailant was 18 years of age or older and the victim was 15 years or younger
o The victim was a police officer, firefighter, EMT, or any other individual engaged in official duties
o The victim was a teacher, prosecutor, or health care practitioner engaged in official duties
Aggravated assault is a serious crime and often carries heavier penalties than simple assault or battery charges. Individuals charged often face significant jail time if found guilty. It is important that anyone who stands accused of assault consult a legal professional to discuss their options and formulate their defense.