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Aspects That May Raise a Case to Aggravated Assault Criminal lawyers Charlotte NC law firms have help with many criminal case types, including murder, embezzlement, and DUI. In a simple assault scenario, the offender need not cause physical harm, according to criminal law in most states, but they must have behaved in a manner devised to place the plaintiff in sensible fear of immediate harm. Nonetheless, aggravated assault is a more serious charge that is figured out based on conditions like explained below: A Potentially Fatal Weapon If a lethal weapon is used to commit assault, it does constitute aggravated assault. Likewise, aggravated assault is being committed when an aggressor uses a deadly weapon to put another person in danger. In all aggravated assault criminal cases, a deadly weapon is any object that’s capable of being used to cause death or serious physical injury. A typical example of such a deadly object in aggravated assault is a gun, including when it does not lead to death.
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The Status of the Victim
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In some circumstances, the status of the victim could have an assault charge upgraded to aggravated assault. For example, any assault on a police officer or fire fighter could be aggravated assault based on particular state laws. For such a charge of aggravated assault to make sense, the victim must have been in the line of duty during the attack in question, and the offender must have known of the victim’s official identity. Conduct of the Perpetrator The demeanor of the offender during assault may offer a hint of their actual intent, potentially resulting in change of simple assault to aggravated assault. Demeanor that’s typical of the intention to severely hurt or cause fear of severe harm could have assault changing to aggravated assault. No matter the perpetrator’s real intention, careless acts can also potentially result in aggravated assault, though. A typical example is when an individual acts with reckless regard to human life, even when their intention was not to hurt anyone. With or without the will to harm, aggravated assault is committed in case the particular case also involved a lethal weapon. Extent of Injury to Victim More extensive harm to the plaintiff may dictate the case to be that of aggravated assault. And serious bodily injury is viewed as aggravated assault in many states. When an injury is potentially fatal, it is held as serious, and so is any other that mutilates or dismembers the victim. All that varies from state law to state law and respective interpretation. Bearing in mind that aggravated assault borders on many different situations, criminal defense lawyers in Charlotte NC may give you a detailed assessment of evidence in your case to deliver a solid defense.

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