Many people are under the impression that aggravated assault and simple assault are “pretty much one in the same.”
While these two crimes may share some characteristics, there are a variety of differences to become familiar with.
Before we go any further, there’s one thing you need to know: Aggravated assault is the more serious of the two crimes, with this almost always carrying a more severe penalty.
For example, aggravated assault with the allegation of serious bodily injury is a second degree felony in the state of Texas. For this reason, a conviction could lead to a fine of up to $10,000 and as many as 20 years in state prison.
Assault with a deadly weapon
In the event that a deadly weapon is part of an assault, it is classified as aggravated assault. This holds true even if the weapon did not cause physical harm.
There are many weapons that can be classified as deadly, including but not limited to knives and guns.
Who is the victim?
Many people don’t understand that a simple assault can become aggravated assault depending on the victim. For example, assault of a police officer is often punished as aggravated assault.
Serious injuries
When a person inflicts a more serious injury on the victim, such as a traumatic brain injury, it could lead to an assault becoming aggravated assault.
Note: The definition of a “serious injury” can and will change from one case to the next. However, any injury that could cause death will always qualify as serious, thus leading to a charge of aggravated assault.
As you can see, an aggravated assault charge is extremely serious. If convicted, the punishment can be severe, including up to 20 years in prison.
With all this in mind, if you’re facing a charge of aggravated assault, you need to learn more about your legal rights and the laws in your state. Don’t hesitate to consult with a criminal defense attorney who has experience helping people in your position.
When you have a legal team on your side, you can feel better about your future. You never know what will happen in court, but there are defense strategies you can use in an attempt to escape trouble and move on with your life.
Source: Nov. 30, -0001