There are some big differences between being charged with Assault and Aggravated Assault. Aggravated Assault is obviously a more serious crime and can be punished more severely. In some cases, the difference between a misdemeanor assault and a felony aggravated assault can have an enormous bearing on the case.
By law, an Aggravated Assault is defined when someone commits assault under any of the following circumstances:
- If the person causes serious physical injury to another.
- If the person uses a deadly weapon or dangerous instrument.
- If the person commits the assault by any means of force that causes temporary but substantial disfigurement, temporary but substantial loss or impairment of any body organ or part or a fracture of any body part.
- If the person commits the assault while the victim is bound or otherwise physically restrained or while the victim’s capacity to resist is substantially impaired.
- If the person commits the assault after entering the private home of another with the intent to commit the assault.
- If the person is eighteen years of age or older and commits the assault on a minor under fifteen years of age.
Additionally, a person can be charged with Aggravated Assault if they commit assault knowing or having reason to know that the person they are assaulting is a peace officer, constable, firefighter, teacher, prosecutor, public defender or a state or municipal park ranger just to name a few.
Because the aggravated factors are complicated, you’ll want to be sure to have an experienced attorney on your side. A strong Aggravated Assault Attorney can help you avoid charges that don’t apply by taking the time to do the right kind of investigation. The clearer the information that is obtained can help prove that an assault does not fit within the aggravated factors.
Give Attorney Charlie Naegle a call when you find yourself facing assault charges. Let him put his history of defending the accused to work for you and get you the best possible outcome.