What is aggressive assault

If there are any mitigating or aggravating circumstances, then the judge can go down to 2 years in prison and go up to 8. The types of aggravated assault offenses defined above that are Class 4 Felonies include assaults that are aggravated by the following factors:. If sentenced to prison, the judge starts by considering the presumptive term of 2. If there are any mitigating or aggravating circumstances, then the judge can go down to 1 year in prison and go up to 3.

The types of aggravated assault offenses defined above that are Class 5 Felonies include assaults that are aggravated by the following factors:. The judge could place you on probation, with anywhere from 0 days in jail to 12 months in jail. If sentenced to prison, the judge starts by considering the presumptive term of 1. If there are any mitigating or aggravating circumstances, then the judge can go down to 0.

The types of aggravated assault offenses defined above that are Class 6 Felonies include assaults that are aggravated by the following factors:. If sentenced to prison, the judge starts by considering the presumptive term of 1 year in prison. Regardless of the way in which you have been accused of aggravated assault, you are facing serious felony charges. With serious charges come serious risks of a conviction, imprisonment, job loss and other penalties. You owe it to yourself to ensure that you employ the most effective aggravated assault possible.

However, finding the best aggravated assault lawyer is no simple task. You need to ensure that the attorney you choose has the requisite knowledge of the law and trial experience. We offer a confidential and free consultation in order to address your questions and map out a defense to your case. Table of Contents. Resisting Arrest. Domestic Violence. Assault is classified as a misdemeanor and aggravated assault is a felony. Aggravated assault is an assault that is aggravated or made worse by the circumstances of the assault, such as when a deadly weapon is used, or serious physical injury is caused.

Aggravated assault can range from the most serious classification of a Class 2 Felony to the least serious classification of a Class 6 Felony. The felony classification of aggravated assault depends on which factor aggravates the assault.

For example, an assault committed using a deadly weapon is a Class 3 Dangerous Felony and an assault where the victim is a paramedic is a Class 6 Felony. It depends on the type of aggravated assault you plead guilty to or are found guilty of by a jury and whether you have any prior felony convictions.

Choose your state from the list below to find information about your state's laws regarding aggravated assault. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising.

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Market Your Law Firm. Lawyer Directory. Call us at 1 Simple and Aggravated Assault Laws and Penalties. Learn how states classify and penalize assault crimes. This article will discuss these various views of assault and their common penalties.

Here are the main divisions of assault. Assault as Physical Connection or Offensive Contact Some states define assault as the intentional use of force or violence against another, such as punching a person or striking the victim with an object. Assault as an Attempt or Threat to Physically Touch or Harm In other states, assault does not involve actual physical contact and is defined as an attempt to commit a physical attack or as threatening actions that cause a person to feel afraid of impending violence.

Levels of Harm Your state might use levels of harm to distinguish simple from aggravated assault or misdemeanor from felony assault. Deadly Weapon 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.

Examples of Simple and Aggravated Assault Every state has different laws and different interpretations of those laws. Simple assault can include: threatening to slap someone around and approaching them looking ready to throw a punch forcefully grabbing someone's arm or wrist and causing pain pulling someone's hair or shoving them down or against a wall, or throwing an object at someone and causing bruises, scratches, or cuts. Examples of aggravated assault may include: striking or threatening to strike a person with a weapon or dangerous object shooting a person with a gun or threatening to kill someone while pointing a gun at the victim assault with the intent to commit another felony crime such as robbery or rape assault resulting in broken bones or serious lacerations assault threat of violence while concealing one's identity, and assault against a member of a protected class, such as a police officer, healthcare provider, social services worker, or developmentally disabled or elderly person.

Proving the Case for Aggravated Assault 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.

Defenses to Aggravated Assault 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. Penalties for Simple and Aggravated Assault Simple assault typically carries misdemeanor penalties punishable by up to a year in jail.

Factors That Judges Consider in Sentencing 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.

Sentence Enhancement for Protected Victims 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.

Legal Representation Aggravated assault is a very serious felony charge and a conviction can seriously impact your life. Aggravated Assault Laws by State Choose your state from the list below to find information about your state's laws regarding aggravated assault. Florida Georgia Hawaii Idaho. Talk to a Lawyer Start here to find criminal defense lawyers near you. Practice Area Please select Zip Code. Aggravated Assault a. Examples Assaults or attempts to kill or Murder Poisoning including date rape drugs Assault with a dangerous or deadly weapon Maiming Mayhem Assault with explosives Assault with disease such as deliberately attempts to inflict the disease by biting, spitting, etc.

There are four categories of aggravated assault: Aggravated assault with a firearm. When a firearm of any type is used or threatened to be used. It includes revolvers, semi-automatic pistols, shotguns, zip guns, rifles, etc. Aggravated assault with a knife or cutting instrument. When weapons such as knives, razors, hatchets, axes, cleavers, scissors, glass, broken bottles, or ice picks are used to cut or stab objects or used to threaten someone.

Aggravated assault or other dangerous weapon. Use or threatened use of any object as a weapon in which serious injury does or could result. Weapons include mace, pepper spray, clubs, bricks, jack handles, tire irons, bottles or other blunt objects to club or beat victims. Also includes explosives, acid, lye, poisoning, scalding and burning. Aggravated assault with hands, fists, feet and teeth.