What is Aggravated Assault?
Aggravated assault is a criminal charge that involves the infliction of physical harm on another individual with the intention to do serious bodily injury. In many jurisdictions, the exact definition of aggravated assault can vary, but generally, it is considered a serious crime that is considered a step up from regular battery or assault. Under United States federal law, aggravated assault is considered a punishable offense that carries penalties up to life imprisonment, $250,000 fine, or both** (Source: United States Code § 113).
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What Constitutes Aggravated Assault?
- Intent: In aggravated assault, the offender intended to cause serious harm, such as bodily harm that creates a significant risk of death or disability, with or without the use of a deadly weapon (See, e.g., Washington v. Reed, 143 Wash. 2d 245 (2001))
- Gravitas: Aggravated assault often involves factors such as the degree of severity of the injuries caused, the frequency of strikes or the level of physical strength and size of the parties involved, and any special defenses (e.g. whether the defendant used an extraordinary level of force against another, as allowed in circumstances like self-defense).
To understand what aggravated assault consists of, we should divide the concept into categories
Categories of Aggravated Assault:
| Category | Examples |
|---|---|
| I. Weapon-enhanced Aggravated Assault | Using a firearm or other deadly weapon |
| II. Vehicle-enabled Aggravated Assault | Using a motorized vehicle to strike a victim (e.g., using a truck or car) |
| III. Stupification-enabled Aggravated Assault | Committing assault while victim was physically or mentally impaired due to a substance like anesthesia. |
| IV. Multi-victim Aggravated Assault | Attack multiple victims or inflects serious injuries upon many victims |
| V. Intimidation-related Aggravated Assault | Threatens physical force, but fails to take the actual steps of violent assault. |
In more complex cases, jurisdictions could differentiate between more degrees:
Frequency, Duration, or Patterns: Severity and Categorizations
Additional elements to distinguish are involved when an accused
Case-by-case Evaluations
Aggravated Assault could include various categories.
These types of case have complex variables.
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