Aggravated assault is an attempt to cause serious bodily injury to another or to cause serious bodily injury purposely, knowingly, or recklessly, with an extreme indifference to the value of human life.
Criminal laws punish aggravated assault more severely due to the nature and seriousness of the crime. When a crime is raised from a simple assault charge to aggravated battery charges, there are usually several key factors; determining whether a weapon is used during the assault, the status of the victim, the intent of the perpetrator, and the level of injury that suffered by the victim.
Most states have different degrees of criminal charges for aggravated assault. Usually aggravated assaults qualify as felonies, while simple assaults can qualify as misdemeanors. Some states have “three strikes” laws. If you have two other felony convictions, or are convicted with other felonies in the same trial, a third strike for aggravated assault can put you in prison for life.
Here are some of the most common penalties for aggravated assault:
- Jail time
- Probation and electronic monitoring
- Loss of the right to own or possess a firearm or weapon
- Mandatory anger management classes
- Restitution to the victim
- Fines and court costs
The most common defenses when facing a charge of aggravated assault are usually consent (when you are involved in a consensual fight), self-defense, and defense (if you are using force to defend someone under your protection from assault).
If you have been charged with any type of assault, make sure you talk to your criminal defense attorney immediately. A criminal defense attorney can explain the legal details of the charges against you, the consequences, and discuss your options for a defense.
If you or someone you know is in need of legal representation for aggravated assault, contact Yale Galanter, your Miami criminal defense lawyer at (305)576-0244 or (954)524-6600, or visit galanterlaw.com.