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What is Aggravated Assault? Laws, Charges & Statute of Limitations

What is Aggravated Assault? Laws, Charges & Statute of Limitations
There are many types of possible criminal charges. Some charges are far more serious than others. One of the most serious of all legal charges are what are known as aggravated assault. Aggravated assault is a form of assault. A person can be charged with aggravated assault under the law rather than simple assault under certain circumstances. Anyone who is being charged with this kind of crime should understand why they are being charged and what it might mean in terms of sentencing in the long run. They should also be aware that what constitutes aggravated assault in one state may only rise to simple assault in another.

The Kinds of Factors

Several factors may increase the possibility of being charged with aggravated assault. If the crime involved the use of a weapon such as a gun, this can fall under this statue. The same is true if the person intended to harm their victim greatly rather than merely deliver a glancing blow. If a minor was involved who cannot consent, this can also increase the possibility of this kind of charge by the prosecutor.

An assault is generally considered a misdemeanor. Misdemeanors have lower penalties such as a short jail sentence or even probation. However, an aggravated assault is typically considered a felony. Felonies are far serious crimes. A felony conviction can result in significant prison time as well as fines and even the loss of a professional license on a temporary or even permanent basis. Nearly all states have quite varied forms of aggravated assault. Most such charges are conducted in state courts. However, sometimes the kind of crime may involve more than one state. In that case, interstate laws apply and the person may be charged at the federal level.

There are issues that will determine if the prosecutor chooses this form of charge instead of another type of classification. If the assault involved in the use of any kind of weapon this can bring up to this form of assault. If a fight involves a knife, machete, bat or even a small rock, this can turn it into aggravated assault. Even if the person was not harmed in a way, the mere threat of using what can be seen as a deadly weapon can make this charge stick. What counts is the way they behaved during any encounter. If they made someone fear for their safety, the person involved can testify as to their behavior and provide evidence for the prosecutor.

The way the weapon was used can also be considered evidence for aggravated assault. Merely having a pocketknife in a pocket is not relevant. However, if the person pulled this knife out and used it against the person’s throat, this is considered a form of aggravated assault.

Other Issues

Other issues will play out when a prosecutor decides to file this kind of charge. If the attack was on an official in the course of duty such as a firefighter or police officer, this can mean this type of charge. A person may be charged with aggravated assault if they are a member of certain minorities. Hate crimes are considered attacks on people on the basis of factors such as sexual orientation and race.

Christine Twomey
Christine Twomey
2024-03-21
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Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
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Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
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Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
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Loveth Okpedo
2024-03-12
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Bee L
Bee L
2024-02-28
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divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

A judge may also consider the mental state of the perpetrator. Someone may have acted in a manner that was reckless with a clear intent to harm another. The degree of injury can also have an impact. A person who suffers only a minor scratch as a result of the defendant’s actions is a different issue than someone who spends a great many weeks in the hospital recovering from their injuries.

Penalties and Statue of Limitations

An assault conviction is a serious matter. A conviction may result in up to twenty years in prison. The victim may sue the perpetrator for damages in civil court leading to further loss of income and capital. The judge may consider factors such as remorse, the victim’s injuries and the defendant’s prior criminal history when determining the kind of prison sentence given to the defendant. In most states, the statue of limitations is anywhere from five to seven years.

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