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Elements of an aggravated assault charge

Knowing about the charges you are facing is a big advantage for you when you are planning your defense. This doesn't mean that you have to know everything about every charge on the books; however, finding out the specific points in the law that apply to your case might help you to remember points that can help your defense.

One charge that has to be handled very carefully is aggravated assault. This charge can lead to time in prison and other penalties that can make your life difficult, even after the court imposed sentence is over.

An aggravated assault charge means that there are specific points in the case that make the situation worse than a simple assault charge. The points that can come into the picture here are the presence of a weapon or the status of the person who was assaulted.

The use of a weapon during an assault can lead to a charge of assault with a deadly weapon. This means that you are accused of using a weapon to threaten or intimidate the victim. You don't actually have to do physical damage to the person in order to be charged with this crime.

Typically, you have to intend to harm someone or cause a fear of harm in order to be charged with aggravated assault. The lack of this element might mean that aggravated assault isn't the appropriate charge.

Some victims, such as police officers or teachers, might automatically transfer a case from a simple assault to an aggravated assault. In these cases, you must have known the person's status prior to the assault.

In every case of aggravated assault, it is best to think about the exact crime to determine what options you have to battle the charge.

Source: FindLaw, "Aggravated Assault," accessed Dec. 22, 2017

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