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Factors That Make the Case for Aggravated Assault Criminal lawyers Charlotte NC law firms have help with many criminal case types, including murder, embezzlement, and DUI. In case of basic assault, criminal law in many states does not require physical harm to be there, but rather that the offender acts in a way meant to render someone in reasonable fear for their safety. Nonetheless, aggravated assault is a more serious charge that is figured out based on conditions like explained below: Assault With a Lethal Weapon In case a lethal weapon is used during assault, the attacker commits aggravated assault. Additionally, an attacker that uses a lethal weapon to threaten the safety of another is also committing aggravated assault. In all aggravated assault criminal cases, a deadly weapon is any object that’s capable of being used to cause death or serious 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 Identity of the Plaintiff
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In some cases, the identity of the victim may have an assault case elevated to aggravated assault. For example, any assault on a police officer or fire fighter could be aggravated assault based on particular state laws. Any such charge of aggravated assault is considered valid only if the victim was actually performing their official duty when the specific attack happened, and the aggressor must have recognized the victim’s official status. Behavior of the Offender How the perpetrator behaves during assault may suggest what their true intention is, and that could lead to basic assault being elevated to aggravated assault. Behavior that implies intent to effect severe harm or reasonable apprehension over serious harm may have assault transform into aggravated assault. No matter the perpetrator’s real intention, careless acts can also potentially result in aggravated assault, though. A good example is if the perpetrator behaves with careless indifference to human life, including if they never intended to cause anyone harm. If a dangerous weapon is used in the specific incidence, aggravated assault has been committed, with or without the intention to injure. Degree of Injury to the Plaintiff More extensive harm to the plaintiff may dictate the case to be that of aggravated assault. Still, majority of states hold severe bodily injury to be aggravated assault. When an injury is potentially fatal, it is held as serious, and so is any other that mutilates or dismembers the victim. All that varies from state law to state law and respective interpretation. A criminal defense attorney in Charlotte NC can provide a detailed scrutiny of the facts to your case to help establish a successful defense, considering that aggravated assault entails a wide spectrum of circumstances.