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Aggravated Assault

An Explanation of Aggravated Assault

An Explanation of Aggravated Assault

According to the legal system involved, there may be several different forms for the operative aggravated assault definition to take. In addition to those describing the use of deadly weapons or specifically sexual intentions, Canada and the United Kingdom have a range of ways for understanding aggravated assault. 
English categories of aggravated assault include “assault on a constable in the execution of his duty,” “racially or religiously aggravated common assault,” “racially or religiously aggravated assault occasioning actual bodily harm,” “assault with intent to resist arrest,” “assault with intent to rob,” and “assault on officer saving wreck.” Some of the definitions of aggravated assault in effect in Canadian law include “assaulting a peace officer, etc.,” and “sexual assault with a weapon or threats or causing bodily harm.” 
All American states have laws which allow for episodes that fall under the aggravated assault definition to be tried as felonies. A felony case, if successfully prosecuted, is likely to lead to a term of imprisonment in a State penitentiary. The seriousness of the nature of aggravated assault stems partly from the likelihood of resultant injury, in which case the State is less likely to consider measures such as requirements for community service or anger management classes geared toward socialization and more likely to consider punitive measures such as imprisonment.

What Happens When You Are Charged With Aggravated Assault?

What Happens When You Are Charged With Aggravated Assault?

In cases of assault and battery, the stiffest penalties can be expected from the filing of aggravated assault charges, which describe attacks of an unusually violent and severe nature. The very nature of the attacks is determined by the means through which they are accomplished or the stated result they are intended to attain. 
 
 
In measuring the legal implications that can be expected to stem from the filing of aggravated assault charges, relevant considerations to keep in mind include the question of whether any kind of weapon was used in commissioning the assault, the suffering of any injuries as a result of the attack, and any prior legal charges, particularly other occurrences of aggravated assault charges, have been incurred by the defendant.
 
 
Aggravated assault charges are commonly filed for the purposes of differentiating such an attack from one which involved some form of threatening action toward an individual. In such a way, it will also not have clearly involved the proposal or attempt to cause a form of injury or distress considered to be markedly and unusually severe. 
 
 
Thus, the legal penalties sought and, if successfully pursued, imposed on an individual found guilty of aggravated assault charges will generally be adjusted as is deemed relevant to the injuries suffered or threatened in the case. 
 
 
A case of aggravated assault with a deadly weapon, on the other hand, may not have involved any actual injuries, but because of the highly menacing and potentially very harmful nature of a weapon such as a firearm, the presence of such a device in the making of aggravated assault charges is likely to boost the severity and length of the penalties sought by prosecutors. Instances of assault without a deadly weapon, with a person's body or simple tools, and leading to significant injuries are also likely to incur high penalties.
 
 
Particularly important in such cases is whether prosecutors filing aggravated assault charges choose to pursue them as felonies or misdemeanors. The factors listed above are likely to be deciding factors. Aggravated assault with a deadly weapon, for instance, is likely to be pursued as a felony, and if successfully prosecuted lead thus to incarceration in a state or federal institution, as opposed to misdemeanors, in which incarceration generally occurs in a local jail and may be supplanted by such measures as the requirement of community service. 
 
 
As alternatives to or supplements to the various forms of imprisonment which may result from a conviction on aggravated assault charges, lesser punishments may be found in the form of requiring alterations to a person's way of living. For instance, aggravated assault with a deadly weapon is likely to cost the offender the right to own or have on his or her person a firearm or other kind of weapon. Anger-management classes may also be required of people found guilty on aggravated assault charges, as well as various financial demands.
 

Some Helpful Facts About Aggravated Assault

Some Helpful Facts About Aggravated Assault

The presence of aggravated assault laws in the legal system of the United States and other nations is intended to give prosecutors the ability to identify cases which are deemed especially egregious in the manner in which they occur and to punish the responsible party accordingly. Either the intended end of an act of assault or the method with which it is accomplished may be used by prosecutors to argue that a case meets the definition of aggravated assault.
 
 
The difference between aggravated assault cases and straightforward assault cases, referred to for the purposes of clarification as "simple" assault, is that the former manifests the intention or causes the effect of serious bodily injury. A common way in which this severity may be determined is through the presence of a weapon, such as a firearm, capable of inflicting fatal or serious injuries.
 
 
Such bodies as the State of California and the FBI generally conceive of aggravated assault in terms of a deadly weapon. In other areas, such as the United Kingdom and Canada, attacks directed against law enforcement officers, occurring through sexual means, or motivated by bias are provided for under more specific definitions of aggravated assault.
 
 
An act of aggravated assault may be pursued by prosecutors as either a felony or a misdemeanor, but every American State has statutes allowing for aggravated assault charges to be pursued as felonies. The kinds of punishments imposed as a result of a felony or misdemeanor conviction for aggravated assault also vary. Less severe cases may be punished with the loss of privileges, such as a driver’s license, but not of basic civil rights. Other requirements that may be imposed are in the form of attendance of anger management classes or providing community services. Serious felony convictions are likely to lead to prison terms.

An Overview of Aggravated Assault

An Overview of Aggravated Assault

The presence of aggravated assault laws in the legal system of the United States and other nations is intended to give prosecutors the ability to identify cases deemed especially egregious in the manner in which they occur and to punish the responsible party accordingly. Either the intended end of an act of assault or the method with which it is accomplished may be used by prosecutors to argue that a case meets the definition of aggravated assault.
The difference between aggravated assault cases and straightforward assault cases, referred to for the purposes of clarification as “simple” assault, is that the former manifests the intention or causes the effect of serious bodily injury. A common way in which this severity may be determined is through the presence of a weapon, such as a firearm, capable of inflicting fatal or serious injuries. 
Such bodies as the State of California and the FBI generally conceive of aggravated assault in terms of use of a deadly weapon. In other areas, such as the United Kingdom and Canada, attacks directed against law enforcement officers, occurring through sexual means, or motivated by bias are provided for under more specific definitions of aggravated assault.
An act of aggravated assault may be pursued by prosecutors as either a felony or a misdemeanor, but every American State has statutes allowing for aggravated assault charges to be pursued as felonies.
The kinds of punishments imposed as a result of a felony or misdemeanor conviction for aggravated assault also vary. Less severe cases may be punished with the loss of privileges, such as a driver’s license, but not of basic civil rights. Other requirements that may be imposed in the form of attendance of anger management classes or providing community services. Serious felony convictions are likely to lead to prison terms.
Aggravated Assault: Definition: Instances of assault meet the definition for aggravated assault, an unusually severe kind of attack, in the instance that the means through which they are accomplished or the evident intent of the attacker are likely to have caused serious physical harm. Aggravated assault is often conflated with “assault with a deadly weapon,” as, for instance, in the jurisdiction of California.
The heightened seriousness of the aggravated assault definition generally implies that harsher legal penalties can also be expected. Commonly the decision to classify an attack as aggravated means that it will be pursued as a felony. Every American State, for instance, has a statute on the books for trying aggravated assaults as a felony. Other legal systems, notably Great Britain and Canada, have a wide range of classifications for instances of aggravated assault.
Difference between Assault and Aggravated Assault:
The understanding of what constitutes assault under most legal systems is necessarily inclusive so as to enable prosecutors to address a wide variety of cases, from cases of physical molestation to injurious and violent attacks. A basic distinction is commonly drawn between “simple” assault, which is offensive and unwanted but not likely to result in serious injury, and aggravated assaults, which demand more serious legal reprisals for attempting to effect dramatic physical injury. 
The former is commonly tried as a misdemeanor, and the latter as a felony. Simple assaults may also involve a lesser degree of intent on the defendant’s part, as in the case of the reckless discharging of a weapon without the conscious intent to cause injury but without taking steps to prevent such an occurrence