What Qualifies As An Aggravated Assault?

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If you have been physically manhandled by another person, you can make a claim accusing them of aggravated assault. Before you consult legal services, you need to know what you are getting into. The following article gives you an in depth knowledge of aggravated assault.

What is Assault?

This is an attempt to inflict serious body injury to another person purposely, recklessly or knowingly without minding the value of their life. Aggravated assault occurs when a person assaults you using a deadly weapon. Aggravated assault is penalised severely compared to simple assault cases.

Factors That Raise an Assault to an Aggravated Assault

Assault using a deadly weapon

This constitutes aggravated assault regardless of whether the weapon causes bodily injury or not. In simple assault, physical harm is not required. All that is required is for the perpetrator to behave in a manner that puts you in fear for your safety. However, if someone does this by intimidating you using a deadly weapon, this amounts to aggravated assault because you are in fear of more serious injury. Weapons that are considered as deadly weapons are those that can cause serious injury or death. Weapons can be deemed as deadly depending on how they are used during the assault. For instance, a pocket knife which is otherwise not considered as a dangerous weapon becomes deadly if it is held to your neck.

Victim's Identity

An assault can be regarded as aggravated assault based on the status of the one assaulted (victim). For instance, many regions will punish an assault on a police officer, fire fighter and teacher as an aggravated assault. For the assault to qualify as aggravated assault, the assaulted party must have been conducting their duties when they were assaulted and the defendant must have been aware of their status.

Perpetrator's Intention

The state of mind of the perpetrator can cause a simple assault to be regarded as aggravated. If they acted with the intention to inflict bodily harm or cause fear of serious harm, such an assault is an aggravated one.

Degree of Injury Inflicted on the Victim

Serious injuries will cause a simple assault to be regarded as an aggravated assault. The severity of an injury varies greatly depending on the case. Injuries that are life threatening qualify as serious as do those that disfigure or maim the victim.

If the method used for assault would usually cause death but causes minor physical injury, it might still be punished as an aggravated assault. Sexual assaults are a special kind of assault but based on the laws of a specific region; a case of sexual assault could be regarded as rape, assault, aggravated assault or simply sexual assault.

For more information, contact a business such as Andrew B Thiele & Co.