The law regarding aggravated assault is the threat of violence against another person. Often confused with battery, aggravated assault is slightly different and does not possess the same penalties. The laws on this particular crime vary from state to state and country to country, but it usually involves the act of inciting violence or threatening to initiate it.
Aggravated assault may involve the use of a deadly weapon to incite violence. This crime can also be charged to a person that attempts to harm another person with unwanted sexual activity or mild to severe bodily injury.
A person that is accused of aggravated assault can take certain legal steps to ensure that they receive fairness in the trial. Contacting an attorney as soon as you have been charged with aggravated assault is the best way to ensure that you have legal representation throughout the process.
Aggravated Assault Laws
The law on aggravated assault in most case will need to be an uninitiated form of contact intended to harm another person. If the other person does not consent to be touched, this is considered aggravated assault as well, although there are some nuances of the law that allow for the charges to be dropped if the behaviors were considered normal and social. This will only hold water up until a point in a court of law so it is very necessary to speak with an attorney about any specific case to learn how best to handle it.
Usually, a person will be arrested if accused of aggravated assault, and penalties can be severe if the assault was committed against a law enforcement officer or other public servant.
Parents may also be charged with aggravated assault in the United States if they are found to be excessively administering corporeal punishment to their children.
Penalties for Aggravated Assault
If you are convicted of aggravated assault, the penalties will differ depending on which state you live in. The penalties for this crime will also reflect the incident that occurred and any injuries that were sustained (known as battery). If convicted, you may be sentenced to jail time, restrictions on rights to own a firearm or other form of weapon, probation and parole, fines, or anger management classes.
Upon conviction, a defendant may be subject to more than one of these penalties if the court deems that the crime was sufficient to warrant such punishment.
If you are faced with a criminal charge of aggravated assault, an attorney can help you come up with the best solution so that you can defend yourself in court. Defense attorneys will be able to give you advice on the specific laws in your state and how they pertain to the circumstances surrounding your charge.
Aggravated Assault Legal Defense Options
Should You Contact an Attorney? An attorney can give you legal advice at any time, and they can also provide you with the legal defense that you will need in court. This can be beneficial in helping you understand the legal process and the rights that you have moving forward.