What Type of Attacks Would Be Considered Aggravated Assault?

While assault is always illegal, there are certain forms of assault that are considered more severe than others. If you are accused of aggravated assault and you are trying to have your charges dropped, you may find this almost impossible to do depending on the facts of the case. However, you may be able to have your charges reduced to simple assault.

Aggravated Assault Laws

This type of crime can vary depending on the state in which you reside. In many states, to commit aggravated assault, you will need to do so with the intent of committing a felony or you will need to be in possession of a deadly weapon and brandishing it. For example, you do not necessarily have to shoot a gun, but merely pointing a gun at someone is considered aggravated assault.

A deadly weapon is likely to cause fatal injuries. In some jurisdictions, even being infected with a disease can constitute assault with a deadly weapon if you perform actions that will substantially increase the odds that someone else is infected with the disease. 

Assault on a Pregnant Woman

If the individual who was assaulted was pregnant and you knew that the individual was pregnant at the time, you may also be charged with aggravated assault. Because you must know that the woman was pregnant at the time of the accident, you may be able to argue that you didn't know this.

The Severity of the Injuries

In some states, the assault would be considered aggravated assault if it included battery and lead to serious injuries. For example, if you go too far in a fight, you might be charged with aggravated assault. Speak with an aggravated assault attorney about what would constitute injuries serious enough to be considered aggravated assault.

How Context Affects Your Case

If you show someone your weapon, this might be legal or illegal depending on the context. For example, if you're ordering a group of protesters to leave during a demonstration and you show them your firearm, this may be seen as aggravated assault.

However, if you are simply carrying a firearm in a state where it is legal during a lawful protest, your attorney may be able to have your aggravated assault charges dropped. By having your charges reduced or dropped, you will spend less time in jail, pay lower fines, and your criminal record will be less affected.