Assault charges are bad enough on their own. When those charges are for aggravated assault instead of just assault, you need to determine what you are going to do for a defense. This is something that you can’t put off. Instead, you need to get to work right now.
Aggravated assault charges mean that there was a factor in the assault that makes it necessary to increase the charge to something more serious than just assault. As such, aggravated assault charges carry penalties that are a bit more severe than basic assault charges.
One of the factors that can lead to an aggravated assault charge is the presence of a weapon. Any weapon, including a knife, gun or brass knuckles, can lead to this enhanced charge.
Another factor that can have a part in whether an assault is classified as assault or aggravated assault is the identity of the victim. Assault on a police officer, fireman or another civil servant doing his or her job duties might qualify for an automatic enhancement to aggravated assault. Some other professions might have automatic enhancements, as well.
The intent of the person who assaulted another person can also impact what charge is levied. For example, if the person intended to commit severe harm on the victim, the charge might be enhanced to aggravated assault.
Your defense has to answer the crucial components of the prosecution’s case. Determining how to do so is imperative if your case is going to head to trial. Remember, you need to introduce doubt about what the prosecution says so that you can’t be convicted beyond a reasonable doubt.
Source: FindLaw, “Aggravated Assault,” accessed March 24, 2017