When a person has been accused of violence, they are generally accused of some type of assault. However, the assault charge that they will be subject to will depend on the exact circumstances regarding the situation. Aggravated assault is a type of crime that is much more serious than simple assault.
If you have been accused of aggravated assault, it is important that you do everything that you can to defend yourself from this accusation. If you are to be successful, you must understand the detailed aspects of the law so that you can apply it to the specific circumstances of your case.
What makes an assault an aggravated assault?
In order for any person to be charged with assault or aggravated assault, they do not have to have caused injury to another person. Instead, simply the behavior of causing sufficient fear that harm could or would be caused can constitute assault. The thing that differentiates assault and aggravated assault is the presence of a deadly weapon.
Therefore, it is possible for a person to be charged with aggravated assault even if they did not cause any physical harm whatsoever. What does need to have happened however, is for a person carrying a deadly weapon to have caused fear for a person's safety, or to have threatened a person.
Being accused of aggravated assault involving a person of a certain identity
In limited circumstances, it can be possible for a defendant to be charged with aggravated assault even if they were not carrying a deadly weapon. This could be a situation in which a person assaults a police officer, fire fighter or teacher. The law can be applied in this way when the perpetrator of the crime was aware of the person's status in society, and when the victim was on duty. It is possible to defend yourself in this situation by arguing that you were unaware of the person's role.
If you have been accused of aggravated assault, it is important to be aware that there are many options for a successful defense. By taking action as soon as possible and by taking an interest in the law, you may be able to get your charges reduced or dismissed.