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Understanding Aggravated Assault In Criminal Law

The law is broadly classified into civil and criminal law. Civil law addresses individual wrongs like torts, violation of contracts, or anything that hurts a person or their property. In this case, the aggrieved seeks justice in a court of law for compensation (damages). Unlike civil wrongs, criminal laws covers actions that are explicitly forbidden. Ideally, criminal wrongs are those that threaten public safety like assault, gender-based violence, robbery, murder among many other crimes.

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Most wrong actions can be broadly classified as either civil or criminal. However, there are those that can be classified as both. Assault represents one of those crimes that can be civil and criminal at the same time. By definition, an assault is a crime that creates some apprehension of imminent bodily harm to another person. Assault can be classified into different types depending in various jurisdictions. This could take the form of simple assault, sexual assault, aggravated assault among others.

What constitutes aggravated assault?

Use of weapons

Ideally, aggravated assault is committed with an intent of perpetrating a serious crime. In this regard, even a small kitchen knife qualifies to be a deadly weapon. Therefore, if the assailant places a knife on the neck of another, this action amounts to aggravated assault. In this regard, assault is a matter of circumstances of the case depending on how you approach it.

Identity

Ideally, this implies that the identity or condition of the victim matters a lot in assault cases. For instances, simple assault on a pregnant woman, a senior citizen or a police officer qualifies to be an aggravated assault. Attacking a child below a certain age irrespective of whether you have a weapon or not constitutes to aggravated assault.

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If there is considerable evidence that the crime was premeditated and the assailant had made their intentions to harm the victim, it is classified as a first degree. However, if the offense was not intended, the case can be classified as a second degree. In case the assailant intended to create minor bodily instead of serious one, the crime can be categorized third-degree assault.

Defense

Considering the seriousness of this felony, someone charged with aggravated assault should engage competent pasadena attorney. As with any other case, the chances of success depend on the submission of facts in a court of law. In case you are yet to commit these crimes, it is prudent to stay away from crime by exercising self-control to avoid the repercussions.