A Basic Explanation of Aggravated Assault

The criminal act of assault comes with the potential for both civil and criminal prosecution. Aggravated assault carries even stronger penalties due to the fact that it goes beyond the threat of harm, and actually causes damage.

Most states find a person who intends to cause serious bodily injury to another, and who does so in a knowing and intentional manner, without any concern for human life, or who intends to harm someone with the use of a weapon, guilty of aggravated assault.

For example, a charge of assault will be issued to an individual who threatens someone, raising his or her fist and producing a sense of serious apprehension of harm in the other person. If that person raising their fist should then strike a blow, they have committed battery and will be charged with an aggravated assault charge.

Additionally, a charge of aggravated assault comes in varying degrees depending upon the actions of the person charged. For example, striking with a fist, versus striking with a lead pipe will result in different charges. Using a heavy lead pipe to assault someone will create a charge of “assault with a deadly weapon”, whereas the person who punched or slapped someone will more than likely face aggravated assault or assault and battery charges.

Some states also press charges of aggravated assault that come with harsher penalties if the reason behind the assault was to commit a further crime, such as a rapist who batters their victims into submission before committing the further crime of rape.

An aggravated assault charge is never looked on lightly, and when a dangerous or deadly weapon is introduced into the act, the guilty party is usually penalized with a longer term in a state prison. If you have been charged with an aggravated assault or have been unjustly harmed by another, you should seek the assistance of a skilled personal injury and criminal defense attorney.