Aggravated assault is identified as a more serious assault on a person. For example, using a deadly weapon to attack someone would be considered more dangerous than using your fists. Assaults that happen in a victim’s home may also classify as aggravated assault.
Assault with a deadly weapon constitutes aggravated assault. It does not matter if the assault actually causes harm to a person; simply having the weapon present is enough to result in this charge. For example, if you enter a store to rob it and use a weapon to hold hostages silent, you could be charged with an aggravated assault. Not all deadly weapons are guns; things like knives or tasers could be considered deadly weapons, too, if used in an aggressive or dangerous manner.
Sometimes, you can be charged with aggravated assault because of who the victim is. For instance, if you attack a teacher, you can be charged with aggravated assault. Additionally, if you attack someone while he or she is doing his or her job, it could be aggravated assault. To be an aggravated assault, the prosecution has to prove that you knew the victim’s status when you attacked him or her.
Your intention is the final factor that plays a role in an aggravated assault charge. Did you mean to cause the person harm? If so, it’s possible you’ll be charged with an aggravated assault.
Your attorney can help you understand possible defenses and ways to address aggravated assault charges. It’s the prosecution’s job to prove you are guilty of a crime, but since they are burdened with finding proof, you have a strong chance to defend yourself.