Is Aggravated Assault a Felony?
Posted July 23rd, 2021 by Anthony Carbone.
Categories: Criminal Defense.
An aggravated assault is an intentional act causing severe bodily harm with or without a weapon. Due to the severity of injuries inflicted on the victim, aggravated assault is classified as a felony with severe legal punishment. Therefore, you must work with an attorney who has spent years dealing with similar charges.
Thankfully, with a North Bergen Personal Injury Attorney, you get a professional who can protect your rights. Here is more information about aggravated assault charges, including the possible defense.
What is the legal definition of an aggravated assault?
The definition of an aggravated assault differs from state to state. The standard factual elements include:
- An intentional or unlawful threat by the accused using an act or word of mouth to cause the victim bodily harm
- The ability of the accused to cause harm when making threats to the victim
- The threat caused fear to the victim that violence was about to occur
- Using a weapon to make threats or harm the victim with a fully informed conscience to commit a felony
Therefore, the state does not have the burden of proof to show the court that the accused caused physical harm to the victim. It only requires evidence of intent to threaten violence even without wounding or actual contact with the victim.
Why is an aggravated assault a felony?
A simple assault or battery cannot qualify as a felony because the actions involve a limited threat to violence, and the injuries are minor. An aggravated assault is a felony because the accused used a dangerous weapon to strike the victim or threatened to cause severe harm using a deadly weapon. Additionally, it is a felony if the assault occurred intending to commit a robbery or rape.
Proving the case and possible defense
The state must prove all elements of the crime beyond reasonable doubt for a court to find the accused guilty of charges. This means that the district attorney needs to show that the accused intentionally threatened to cause fear or attack the victim using a deadly weapon, whether they were successful or not.
Because of the high burden of proof, the most common defense is to challenge the evidence related to reckless, knowingly, and intentionally elements. The attorney will try to prove that the actions were accidental or raise a doubt to the jury that requisite intent. Another defense is insufficient justification for reducing a felony aggravated assault to a simple assault with less punishment.
A qualified attorney with years of experience in a federal court can reduce your sentence from fourteen years to six months or a $500 fine.
Why work with the Law Offices of Anthony Carbone
You will need a knowledgeable criminal defense lawyer with experience in assault and aggravated assault defenses to protect your rights. They will either reduce your charges or have them dismissed entirely. Otherwise, the risk of felony charges is severe punishment. Call the offices today at 201-829-3805 to discuss your case.
