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.
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.