The crime of aggravated assault is committed when an individual attempts to seriously harm another person with the use of a deadly weapon. This can either be done with the intent to cause serious harm, or being reckless to the point of causing serious harm. This type of crime is often committed with the use of weapons such as knives or firearms.
The crime of aggravated assault carries with it harsh sentences that can vary greatly depending on the circumstances of the crime. The two types of charges that are often associated with aggravated assault are:
A first-degree felony varies from a second-degree felony because the former act of assault is committed against family members, a public servant or security guard, or as a form of retaliation against a witness to another crime. For a full explanation of first- and second-degree aggravated assault, speak to a qualified aggravated assault attorney.
There are a couple of defenses that an aggravated assault charges lawyer will consider when dealing with this type of crime. The first is whether or not the assault caused serious bodily injury to the other person. Serious bodily injury includes instances where a person has a serious risk of death, irreparable damage to an organ or permanent disfigurement. If one of these conditions is not met, then the aggravated assault charges attorney can argue that the case is simple assault and not aggravated assault.
The second option for an aggravated assault charges lawyer is to examine if the act was done in self-defense. Citizens have the right to defend themselves against force that is initiated by another person. This defense must be considered reasonable and cannot exceed what is needed to deescalate the scenario. An example would be that a person who is shoved cannot inflict serious harm against the person who shoved him, as this would be considered excessive.
Rand Mintzer has been defending clients since 1984. He brings his vast knowledge and experience to every case. Every client receives personal attention and is made fully aware of all the aspects of the case as it proceeds. A free consultation with Rand Mintzer can be scheduled by calling 713-862-8880.