According to the law, assault can be divided into many forms. So, both the lawyers and judges deal with assault cases according to the specific forms. In the US, one of the severe kinds of assault is aggravated assault.
In the case of this assault, the judge needs to check different dimensions of the case and even the victim’s side thoroughly. Only after that, he can give the sentence to the guilty. In this article, you can go through different facts related to aggravated assault.
Check out the following parts to know about the definition and factors that make up a case of assault or aggravation.
Definition Of Aggravated Assault
In simple words, advanced assaults are only known as aggravated assaults. In this case, the victim is often injured or traumatized. On the other hand, the assaulter gets more serious sentences if proven guilty.
Now, you can term the agg assault uniquely depending on its type. Well, here are some of the types that you need to know.
Types Of Aggravated Assult
Here are the types of an assault, that you need to know:
1. Usage Of A Deadly Weapon
Aggravated assault happens when an attacker uses a dangerous weapon to threaten or harm someone. It doesn’t matter if the weapon actually hurts anyone—the law still considers it a serious offense.
Even if the attack seems minor or doesn’t cause any injuries, using a deadly weapon can lead to severe consequences. That’s because the law focuses on the victim’s fear and emotional distress caused by the attack.
The law has specific rules about what counts as a deadly weapon. Surprisingly, even small things like a stone or a car can be seen as deadly weapons, depending on how they’re used.
For instance, throwing a stone directly at someone’s head using a slingshot can be seen as using a deadly weapon. Similarly, if a driver purposefully tries to hit someone with their car, the car itself becomes a dangerous weapon.
Attacking with weapons like knives, hatchets, or guns, or even just showing them to intimidate someone, can be considered aggravated assault.
Understanding what aggravated assault is can help you stay aware and make informed choices to protect yourself and others. It’s crucial to know the severity of using weapons in any situation to prevent legal consequences.
2. Assault With Cruelty
Any bodily harm to a person done with cruelty can fall in the list of aggravated assault. This can count as showing punches, holding hands with an intention to harm anyone or even ranting at someone. As per law, all these things can develop fear in the mind of the victim and lead him to trauma.
Cruel assault can fall under aggravated assault Georgia if it is done by giving hate speech to a race or ethnic group. Even you can come under the charges of this assault on showing reckless behaviour toward someone.
You must be careful as a simple road rage can be subjected as an aggravated assault’. So, you should always try to avoid such incidents.
3. Assault On Special Victim
Aggravated assault isn’t just about using deadly weapons—it’s also about targeting specific people. When a regular assault is aimed at certain individuals, it becomes a more serious type of attack.
These special victims include firefighters, doctors, police officers, teachers, and even regular civilians who are elderly, pregnant, or disabled.
Nowadays, domestic violence is also considered a form of aggravated assault.
Women can face serious charges if their male partner is involved in a domestic violence case. However, the legal approach to this falls under the state’s criminal law.
It’s important to note that sexual assault cases are different from aggravated assault. There aren’t any cases of aggravated assault involving a sexual aspect.
Even if domestic violence includes a sexual aspect, the law doesn’t consider it as an aggravation. These cases have their own legal framework, and lawyers handle them differently.
Aggravated assault laws take into account more than just physical harm or the use of deadly weapons. They consider the intent behind the attack and the type of victim targeted. It’s important to understand these distinctions to grasp the severity of the charges and how the legal system approaches different types of assaults.
Types Of Injuries Related To The Aggravated Assaults
In this part of the article, you can check out the broad types of injuries that can fetch the perpetrator with the charges of an aggravated assault. Check them out:
Wounds
Wounds are cuts, jolts, and blisters on the victim’s body that the law takes into account. On the basis of prominent wounds, the law can give a sentence to the perpetrator. At least the judge judges the level of wounds in a victim’s body and then gives a sentence to the guilty (only if it is proved).
Disfigurement
Apart from the wounds, disfigurement is yet another thing that comes under the type of injuries of the aggravated laws. It is prominent would that makes a distortion in the outlook of a person. Proving, in this case, becomes very easy, and the judge might get more titled to charge serious punishments to the perpetrator. In case the disfigurement is long-term or fatal, the guilty can get even harsher punishment.
An Aggravated Assult Lawyer: One Who Handles The Case
An Aggravated Assult Lawyer is the one who handles the cases. So, you can find one of them if it is necessary. Although all types of lawyers can present a case to the court, specialization can always play its own role. They can stand on the charging side and even on the defense side. All you need to check is the experience of the lawyer who is standing on behalf of the person.
Frequently Asked Questions:-
Ans: Yes, aggravated assault cases can be dropped in GA.
Ans: A person can get a sentence of 2 to 20 years for an aggravated assault in Texas.
Ans: Yes, the prosecutor has the right to dismiss the case in Texas. However, it is not something that always happens.
Final Words
As you have probably read the entire article by now, you know what is aggravated law. The best you can do is get a lawyer with this specialization if necessary. Even if someone cannot take your case, he can suggest to you the best lawyer who can handle your case.
Make sure the aggravated assault lawyers might have an attacking attitude, and you need to be sure about what you are speaking up in front of him.
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