Damico & Stockstill, Attorneys at Law

What qualifies as aggravated assault?

Serious forms of assault usually involve a deadly weapon and are called aggravated assaults. Using a deadly weapon with the intention of bodily harm to another person qualifies as aggravated assault. The circumstances of the incident play an important role in determining the outcome of such cases. The assault could be a result of rape, kidnapping, robbery or domestic abuse. Using a deadly weapon could result in aggravated assault charges. These charges are considered felonies, as compared to simple assaults, which are misdemeanors. There are several factors that decide whether an assault was aggravated.

The deadly weapon involved may or may not cause injury to the victim. Even if the perpetrator had the intention of striking fear in the heart of the victim, they will be charged with aggravated assault. Weapons that could lead to serious injury or death qualify as deadly weapons; things like guns, pocket knives or blades. The manner in which the weapon is used also determines whether it is dangerous.

Assaulting members of law enforcement, fire department or teachers may be considered aggravated assault. Attacking people from a certain class is considered as a hate crime. Attacks on individuals from a certain race, religion or ethnicity fall under the aggravated assault category as well. The mental state of the perpetrator also plays a role in determining whether an attack was aggravated. The amount of injuries caused to the victim can help law enforcement decide whether they should press for aggravated assault charges.

If you have been charged with aggravated assault, it is advisable to contact an experienced defense attorney as soon as possible. The attorney will examine your case and try to devise a successful defense strategy for you.

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Damico & Stockstill, Attorneys at Law

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