Lawyers Tips for The Average Joe

Lawyers Tips for The Average Joe

Factors That Make the Case for Aggravated Assault

Criminal lawyers Charlotte NC firms provide handle a wide spectrum of criminal cases, from murder and embezzlement to DUI and assault. In a simple assault scenario, the offender need not cause physical harm, according to criminal law in most states, but they must have behaved in a manner devised to place the plaintiff in sensible fear of immediate harm. But aggravated assault is a more severe crime and is determined based on factors such as below:

Use of a Deadly Weapon

In case a lethal weapon is used during assault, the attacker commits aggravated assault. Similarly an individual commits aggravated assault when they jeopardize someone’s safety with a lethal weapon. With all criminal cases of aggravated assault, a deadly weapon is anything that may be utilized to kill or cause severe physical injury. For instance, a gun is a deadly object that may be used in aggravated assault even when it does not kill the victim.
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The Status of the Victim
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In a certain scenario, assault may be raised to aggravated assault depending on the identity of the victim. An example is determination of aggravated assault if the victim is a police officer or fire fighter according to certain state laws. For such a charge of aggravated assault to make sense, the victim must have been in the line of duty during the attack in question, and the offender must have known of the victim’s official identity.

The Perpetrator’s Behavior

The demeanor of the offender during assault may offer a hint of their actual intent, potentially resulting in change of simple assault to aggravated assault. Demeanor that’s typical of the intention to severely hurt or cause fear of severe harm could have assault changing to aggravated assault. However, it’s also possible for reckless actions to constitute aggravated assault, no matter the offender’s true intention. A case in point is that of someone acting with negligent concern for human life, no matter if they never intended to bring harm to anyone. If a dangerous weapon is used in the specific incidence, aggravated assault has been committed, with or without the intention to injure.

Extent of Injury to Victim

More extensive harm to the plaintiff may dictate the case to be that of aggravated assault. And in most states, severe bodily harm is treated as aggravated assault. Any injury that can kill is treated as severe, and so is any harm that maims or mutilates the victim. All that varies from state law to state law and respective interpretation.

Bearing in mind that aggravated assault borders on many different situations, criminal defense lawyers in Charlotte NC may give you a detailed assessment of evidence in your case to deliver a solid defense.

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