Aggravated assault is a serious criminal offense that involves a deliberate and unlawful act that causes another person to fear serious bodily harm or death. Unlike simple assault, aggravated assault is characterized by specific factors that elevate the severity of the crime. This term is used in criminal law to describe an intentional act that goes beyond a typical physical altercation and often results in more severe legal consequences.
Verdelski Miller is a seasoned defense lawyer in Evansville, Indiana with over three decades of experience. If you have been charged with assault in Evansville or surrounding areas, call our office today at 812-425-9170!
Key Elements of Aggravated Assault
Aggravated assault typically involves the following key elements:
1. Intent: The perpetrator must have the intent to cause fear or apprehension in the victim.
2. Fear of Serious Harm: The victim must reasonably fear that they are about to suffer serious bodily harm or even death as a result of the perpetrator’s actions.
3. Aggravating Factors: Aggravated assault is distinguished by the presence of aggravating factors, which vary by jurisdiction but may include the use of a deadly weapon, the victim’s vulnerability (such as a child or elderly person), the severity of injuries, or the perpetrator’s intent to commit another crime (such as robbery).
Examples of Aggravated Assault
Aggravated assault can take various forms based on the circumstances and aggravating factors. Some examples include:
1. Assault with a Deadly Weapon: Using a firearm, knife, or other dangerous object to threaten or harm another person can be considered aggravated assault.
2. Assault on a Vulnerable Individual: Assaulting a child, elderly person, or disabled individual can lead to aggravated assault charges.
3. Assault Resulting in Serious Injury: Causing severe injuries to the victim, such as broken bones or injuries requiring hospitalization, can elevate a simple assault to aggravated assault.
Legal Consequences of Aggravated Assault
Aggravated assault is a serious criminal offense that can result in severe legal consequences, including:
1. Criminal Charges: Perpetrators of aggravated assault may face criminal charges, which can vary in severity based on the specific circumstances of the case. According to IC 35-42-2-1.5, aggravated assault and battery is generally a Level 3 felony.
2. Incarceration: Conviction of aggravated assault can lead to significant prison sentences, especially when aggravating factors like the use of a deadly weapon are present.
3. Fines: Perpetrators may be required to pay fines as part of their punishment, which can be substantial.
4. Criminal Record: A conviction for aggravated assault can result in a permanent criminal record, which can have long-lasting consequences on an individual’s personal and professional life.
5. Civil Lawsuits: Victims of aggravated assault may pursue civil lawsuits against the perpetrator to seek compensation for medical expenses, pain and suffering, and other damages.
Self-Defense and Justification
It’s important to note that in some cases, individuals may use force to defend themselves or others, and this can be legally justified. Self-defense or defense of others can be a valid defense against aggravated assault charges if the force used was reasonable and necessary to protect against imminent harm.
Call Verdelski Miller Today!
Aggravated assault is a serious criminal offense involving an intentional act that causes another person to fear serious bodily harm or death. It is characterized by specific aggravating factors that elevate the severity of the crime, such as the use of deadly weapons or the victim’s vulnerability. Aggravated assault can result in significant legal consequences, including incarceration, fines, and a criminal record.
Verdelski Miller is a seasoned criminal defense lawyer in Evansville, Indiana with over three decades of experience. If you have been charged with a crime in Evansville or surrounding areas, call our office today at 812-425-9170!
