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Aggravated Assault

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

Differences Between Assault and Aggravated Assault

Differences Between Assault and Aggravated Assault

When facing an assault charge, the most serious direction for this legal accusation to take is for the individual involved to be charged with aggravated assault. In general, people charged with aggravated assault can expect to face steeper legal penalties than those "merely" accused of assault. For one, it is more likely that an aggravated assault charge will lead to the accused being tried for a felony.
 
 
Assault is variously defined in different legal systems as the stating of the intention to commit violence against another person, an attempt to do so, or an act which causes another person to apprehend such an occurrence or intention on the part of the accused. An implication of the wide definition generally understood for assault is that a wide variety of acts can also come under the heading of assault, and the existence of the concept of an aggravated assault charge is meant to provide for the disparity that can exist between, for instance, acts involving relatively insubstantial tools or generalized threats as opposed to those involving highly threatening weapons or explicit proposals to commit exceptionally harmful or distressing acts.
 
 
Another way in which a straightforward assault charge and a charge of aggravated assault can be distinguished from each other is by understanding the first as the threat to commit a violent act and the second as the same threat backed up by the possession of the physical means with which to accomplish it.
 
 
An assault charge that prosecutors choose to see as being aggravated may be referred to as a "simple" assault. Because of the lesser degree of harmful intentions or methods implied by the filing of a simple assault charge, one circumstance in which such cases often occur is when harm is caused or threatened by the marked negligence of the defendant, such as in the use of a weapon or other device known to be harmful in a manner likely to cause injury.
 
 
Another form of physical contact which may result in an assault charge is an unwanted and offensive form of physical contact which occurs without violence, but with some element of physical fear.
 
 
Because of the difference in degree between a simple assault charge and an aggravated assault charge, one major difference consists of the likely course to be taken by the prosecution. People charged with aggravated assault are likely to be prosecuted for a felony, while a simple assault charge generally takes the form of a misdemeanor.
 
 
The felony conviction of a defendant charged with aggravated assault is most likely to be enforced through at least one or two years in a State prison, while a less severe assault charge may result in the convicted defendant being required to spend a short term in a local jail, to pay restitution to the victim, or contribute some form of community service. An assault charge cannot lead to a stripping of civil rights, but it can lead to the loss of privileges.

What are the Charges for Aggravated Assault?

What are the Charges for Aggravated Assault?

Under the common practices of American assault law, "simple" charges of assault, which do not meet the requirements for severity to merit accusations of "aggravated assault", are likely to be tried only as misdemeanors. Exceptions may, however, be made in cases involving police officers, for instance.
 
 
In most American states, on the other hand, aggravated assault can be tried as a felony. The severity with which specific cases are met by assault law is fitted to the circumstances of the action, such as the seriousness of the injuries suffered by the victim, the likely or stated effect of the attack as expressed by the actor, and the method through which the assault takes place.
 
 
An assault which is implemented with a firearm or some other weapon likely to cause serious injury to the victim, for instance, is usually considered a felony assault. The process of determining what legal fate a defendant meets under assault law, as participated in by both prosecutors and defense attorneys, thus refers to the various aspects of a case, including the context it arises from, the means used to realize it, and the consequences stemming from it.
 
 
Misdemeanors are typically punished with short terms in jails, local institutions for incarceration which are distinguished under law from prisons, the State institutions with which they are commonly conflated in everyday speech. They do not result in a loss of civil rights, as may result from felony charges, but rather a potential loss of privileges.
 
 
Common punishments related to a conviction of a misdemeanor under assault law can include such case-specific measures as the requirement to take anger management classes and thus avoid the future occurrences of violent actions. Other measures commonly mandated by courts in reference to the lesser degree of liability involved in a misdemeanor conviction can include probationary restrictions and the payment of fees as are required for court transactions, the making of reparations to victims and the imposition of fines. A conviction of a felony assault, on the other hand, will generally involve a longer term of incarceration in a State prison.
 
 
The context and specific details involved in a case of felony assault can also help determine how severely it is prosecuted and punished. Under Texas State law, for instance, aggravated law is considered a second degree felony carrying a prison term of up to twenty years, but may be elevated to a first degree charge if the assault occurred within a domestic context or was directed against a figure involved in preventing crime or providing for the operations of Government and law.