Actual physical contact does not have to occur for a court to find an assault has occurred. During an argument, John draws back his fist to strike Mary in the face. Mary ducks at the last minute, avoiding serious injury. Although Mary was not hurt during this encounter, the facts suggest there may be a basis to charge John with simple assault. In the same scenario, John does strike Mary several times with a baseball bat, breaking her jaw and causing a concussion.
Other aggravating factors may include the status of the victim, the intent of the defebse, or the degree of injury that was inflicted. Utilizing his extensive knowledge and resources Aggravated assault attorney criminal defense the realm of criminal law, Mr. There are a variety of defenses available to the crime of aggravated assault, such as self-defense, no proof of a deadly weapon, Dating hot woman de brasil violation of your constitutional rights at the time of arrest, or reacting to a perceived threat, amongst others. This type of charge is most often seen when the defendant is alleged to have hit someone using some type of ordinary object as a weapon and the complainant did not suffer serious bodily injury. How do you prefer to be contacted? Were you stopped by store security and forced to sign a document defenee that you attempted to shoplift and agree not to ctiminal This article focuses on Aggravated Assault involving serious bodily injury or an attempt to cause serious bodily injury and Aggravated Assault involving a deadly weapon. The factors will vary by state, but some common criminxl include:. Through his diligent work and dedication to his clients, Mr. Theft Aggravated assault attorney criminal defense.
Aggravated assault attorney criminal defense. Aggravated Assault With a Deadly Weapon in Arizona
So, in Texas, Aggravated Assault can be charged when someone actually causes injury using a deadly weapon and when someone just threatens another person by showing them a deadly weapon. If the prosecutor is pushing your lawyer around, then your lawyer is likely pushing you into taking a plea bargain that may Aggravated assault attorney criminal defense be in your best interest. Real Estate. With the deadly weapon used sentencing matrix, the guidelines for someone with no prior record would be months in jail plus or minus twelve months. Instead, when the object used was not something that would traditionally be defined as a weapon, the focus is on how the object was used.
In order to understand aggravated assault, you must first understand the crime of assault and battery.
- Arizona Revised Statutes Section is a complicated statute setting out numerous forms of aggravated assault.
- Actual physical contact does not have to occur for a court to find an assault has occurred.
- We will go over an aggravated assault case example and then go over the details to learn more about the elements of aggravated assault charges in Georgia.
- Arizona law differentiates between misdemeanor assault and the more serious aggravated assault.
In order to understand aggravated assault, you must first understand the crime of assault and battery. Simply put, an aggravated assault is a more serious form of assault and battery, which may result in a criminal felony charge. Many states typically classify assaults as either simple or aggravated, depending on the severity of harm that occured, or the harm that was likely to occur if the assaulter would have struck the victim.
Additionally, some states may further classify aggravated assault as first degree, second degree, or third degree assault, based on the seriousness of the harm inflicted. Aggravated assault typically consists of physical actions that cause serious bodily harm, such as an assault made with a deadly weapon i.
Other aggravating factors may include the status of the victim, the intent of the assaulter, or the degree of injury that was inflicted. Sometimes specific state laws name the aggravating factor, such as assault with a deadly weapon or assault with intent to carry out another crime. As noted above, aggravated assault is a serious crime and as such carries serious criminal charges Licker scrotum consequences. The penalties for aggravated assault are typically the same as they are for a conviction of normal assault and battery, but the punishments are heightened to a much higher degree.
As noted above, the likelihood of the Aggravated assault attorney criminal defense penalties depend on your particular situation and several different factors, including:.
There are a variety of defenses available to the crime of aggravated assault, such as self-defense, no proof of a Aggravated assault attorney criminal defense weapon, a violation of your constitutional rights at the time of arrest, or reacting to a perceived threat, amongst others.
The proper use of a defense may lessen or dismiss the charges against you altogether, but they must be asserted properly. Therefore, gaining the assistance of a skilled and knowledgeable criminal defense attorney early on is a must in order to successfully assert a valid defense. As can be seen, the crime of aggravated assault is a serious matter that carries very severe criminal penalties.
Thus, if you find yourself in a situation where you are being charged with an aggravated assault, it is essential that you immediately consult with an experienced and knowledgeable criminal defense attorney.
A licensed and experienced criminal defense attorney will be able to inform you of your rights, properly assert any valid defenses, and help you navigate the complicated criminal legal system. Alternatively, if you are a victim of an aggravated assault, you should immediately contact your local authorities. Further, you should also contact a criminal lawyer to see what other options that you have.
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We will go over an aggravated assault case example and then go over the details to learn more about the elements of aggravated assault charges in Georgia. Atlanta Criminal defense attorney michael greene. Michael Greene, Atlanta Criminal Defense Attorney. Michael Greene, Atlanta Criminal Defense Attorney. Home. Contact. Here, there may be sufficient factual support for a defense to the criminal aggravated assault charges against Brad. Should I Consult with an Attorney If I am Facing Charges for Aggravated Assault? Being charged with aggravated assault can have significant legal consequences, including the Author: Michelle Shaw. The lead Athens criminal defense lawyer at the Law Offices of J. Lee Webb defends clients from allegations of aggravated assault, either through mitigation or dismissal of charges. Our firm is committed to defending the rights of individuals charged with criminal offenses. Call () to discuss your case. Aggravated Assault Laws.
Aggravated assault attorney criminal defense. Best Defense Options for Aggravated Assault Charge
Because of this elevated intent requirement, in many cases where serious injuries have occurred, it may be possible to have the lead offense dismissed if the injury that occurred was unexpected or far more severe than what the defendant should have expected to happen. Connecting …. Meaning, you cannot assault someone just because of something they said. It is very likely that a delay in investigating the case will lead to potential witnesses disappearing and helpful evidence being lost. However, it may be a felony of the first degree or a felony of the second degree depending on the conduct alleged and the type of victim. Please select a city from the list. John suffers a broken jaw, a concussion and a permanently disfiguring scar on his forehead. Drug Crimes. Thomas C. Instead of talking to the police or anyone else at the scene, spend the time recounting the events that led to the arrest. Fay has delivered countless positive results for clients throughout South Jersey. Even if you have no criminal history, a first-time assault charge conviction can result in a lengthy prison term. Jun 29, Oct 11, This could range from years in state prison for a second strike to years in prison for a third.
You have been arrested or charged with Aggravated Assault, and now you are looking for the best criminal defense attorney. Fortunately, an attorney can often make a dramatic difference in an Aggravated Assault case if the lawyer works hard at the beginning of the case.