The Essential Laws of Professionals Explained

What Determines That a Case is 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. Nonetheless, aggravated assault is a more serious charge that is figured out based on conditions like explained below:

A Potentially Fatal Weapon

In case a lethal weapon is used during assault, the attacker commits aggravated assault. Likewise, aggravated assault is being committed when an aggressor uses a deadly weapon to put another person in danger. 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. A typical example of such a deadly object in aggravated assault is a gun, including when it does not lead to death.
Finding Similarities Between Lawyers and Life

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. For example, any assault on a police officer or fire fighter could be aggravated assault based on particular 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.

Behavior of the Offender

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. 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 typical example is when an individual acts with reckless regard to human life, even when their intention was not to hurt anyone. With or without the will to harm, aggravated assault is committed in case the particular case also involved a lethal weapon.

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Extent of Injury to Victim

A higher degree of serious injuries to the victim can determine the case to be aggravated assault. And in most states, severe bodily harm is treated as 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 this depends on specific state laws and their respective interpretations.

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.