Assault is carried out by a threat of bodily harm coupled with an apparent, present ability to cause the harm. You can still be charged with assault even if you did not successfully strike the other person as long as the intended victim was aware that you intended to strike the victim. Of course, you must be capable of the assault in the first place. Assault does not require the physical touching of the victim.
Aggravated assault is an attack while committing another crime. An example of an aggravated assault would be beating a person while robbing them. Committing a violent crime such as assault and aggravated assault allows for both criminal charges, as well as, a civil wrong lawsuit.
The punishmentfor criminal assault is a fine, imprisonment, or both. Penalties are more severe when the assault is aggravated. Many states have statutes dividing criminal assault into various degrees. As in aggravated assault, the severity of the crime, the extent of violence and harm, and the criminal intent of the defendant are all factors considered in determining the sentence imposed. If you or a love one is charged with assault, protect your legal rights.
A person who is convicted of a crime in general faces societal stigmas and potentially irreparable damage to his or her reputation. It is almost always unwise to represent yourself. Retain the services of a seasoned and experienced criminal defense attorney. Contact the Law Offices of Tom R. Medrano for your no-cost consultation.
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