A deadly weapon is defined as any instrument that could be potentially used to inflict a serious or fatal injury. Common examples of deadly weapons include guns and knives. However, a deadly weapon may also refer to an instrument that is not commonly used as a weapon such as a hammer, a baseball bat or even a vehicle.
Sometimes, a simple assault may become elevated to the level of an aggravated assault charge. This could happen in a case where the victim is a peace officer such as a police officer or a firefighter. In some cases, assault on a pregnant woman might be elevated to an aggravated assault. Assault or simple assault is when a person has clear intent to commit an assault against another person.
Aggravated assault refers to a situation in which a person attempted to inflict serious injury without regard for the life or well-being of the victim. A simple assault charge may be elevated to aggravated assault if a deadly weapon such as a firearm was used during the incident.
Also, if an assault occurred during the commission of another crime such as rape, robbery or attempted murder, then, it will be considered as an aggravated assault. However, the penalties in a misdemeanor involving simple assault could be milder compared to a misdemeanor aggravated assault case. However, when it comes to aggravated assault, the potential for penalties is much higher. If you have been convicted of felony aggravated assault, you may be looking at all these penalties and a longer prison sentence.
In addition, a felony aggravated assault conviction also counts as a strike under California Three Strikes Law. The test normally is whether the defendant's actions would cause a reasonable person to be in fear of an immediate physical attack. In other words, the victim's response must be one that you'd expect from any reasonable person in the victim's position. Simple assault is the least serious form of assault and usually involves minor injury or a limited threat of violence.
Aggravated assault involves circumstances that make the crime more serious, as when the victim is threatened with a weapon or experiences violence amounting to significantly more than a minor slap across the face or a punch in the jaw.
Your state might use levels of harm to distinguish simple from aggravated assault or misdemeanor from felony assault. Simple assault charges might apply if a person threatens or causes bodily harm or moderate bodily harm. Aggravated penalties typically apply when the crime results in serious, substantial, or great bodily harm or risk of death.
Bodily harm typically refers to physical pain or injury, whether or not visible. Serious or moderate harm may refer to more substantial yet temporary harm, such as a cut requiring stitches, significant bruising or swelling, or a sprain or broken bone. And great bodily harm tends to involve life-threatening injuries or permanent, serious injuries, such as injuries requiring surgery or resulting in a permanent limp or loss of a bodily function.
Depending on the state law, an assailant may face aggravated assault charges if they possessed a weapon and either threatened to use it or used it in the offense. In some states, assault with a deadly weapon is a separate, distinct crime and not included in the crime of aggravated assault. An object is a deadly weapon if it likely can cause death or great bodily harm.
A gun and a large knife are, by definition, deadly weapons because they are inherently dangerous and even designed to cause injury. Other objects, such as rocks, bricks, or even a boot can constitute a deadly weapon if the object is used in a manner likely to cause or threaten serious bodily injury or death.
Learn more about the laws and penalties associated with assault with a deadly weapon by reading our article Assault With a Deadly Weapon: Laws, Penalties, and Sentencing. Every state has different laws and different interpretations of those laws. Below are examples of simple and aggravated assault crimes, but be sure to talk to a lawyer about the laws that apply in your state.
To learn about aggravated assault laws in your state, jump ahead to the section on state aggravated assault laws. In order to convict on aggravated assault, the prosecutor must prove every aspect of the crime called the "elements" of the crime beyond a reasonable doubt , including the act of assault and the elements that made the assault "aggravated.
The prosecutor must prove that the defendant intentionally threatened an attack and caused the victim fear, or that the defendant attempted or accomplished a physical attack. The prosecutor also must prove the facts that make the assault aggravated—that the defendant used a deadly weapon, inflicted serious injuries, committed the assault in furtherance of another serious crime, or targeted a protected class of victim, such as a police officer, school employee, or an elderly or other vulnerable person.
Defendants charged with aggravated assault have the usual defenses available to all criminal defendants, starting with " You've got the wrong person , it wasn't me. That defense may take the form of showing that a weapon actually was in the victim's possession or that the victim made the first threat or struck the first blow.
Another possible defense is showing that the defendant's actions were purely accidental and that he had no criminal intent. Simple assault typically carries misdemeanor penalties punishable by up to a year in jail. Aggravated assault is usually a felony punishable by approximately one to twenty years in prison, depending on the specific provisions of each state's sentencing statute or sentencing guidelines.
Normally, the judge has some discretion on the length of the sentence and whether to allow the defendant to serve any portion of the sentence on probation rather than in prison. In determining a sentence, judges usually consider the defenses presented at trial, whether the defendant has taken responsibility for the crime and shows remorse , circumstances surrounding the crime, the extent of any injuries incurred, the type of weapon used, the accused's prior criminal record and, in some situations, the victim's background or relationship to the defendant.
In some states, assault against a special victim like a police officer or elderly person carries more severe penalties or is subject to a sentence enhancement, which permits the court to add extra time to the sentence for the underlying crime. Although a simple assault is less serious than a felony, there is also a range of misdemeanors. You may end up incarcerated even if you committed a misdemeanor. A Class A misdemeanor carries a jail term of up to a year.
Assault is taken very seriously in Texas. If you have been charged with this offense, please contact our Fort Worth criminal defense attorney here.
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