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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 case of basic assault, criminal law in many states does not require physical harm to be there, but rather that the offender acts in a way meant to render someone in reasonable fear for their safety. But aggravated assault is a more severe crime and is determined based on factors such as below:

Assault With a Lethal Weapon

In case a lethal weapon is used during assault, the attacker commits aggravated assault. Similarly an individual commits aggravated assault when they jeopardize someone’s safety with a lethal weapon. In all criminal scenarios involving aggravated assault, a lethal weapon is that object that may be deployed to kill or cause extreme physical trauma. For instance, a gun is a deadly object that may be used in aggravated assault even when it does not kill the victim.
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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 instance, any attack on a police officer or fire fighter may be aggravated assault depending on specific state laws. In that case, the aggravated assault charge is deemed sensible when the plaintiff was executing their official responsibility the specific time they were attacked, and the attacker must have been aware of the victim’s official position.

Conduct of the Perpetrator

How the perpetrator behaves during assault may suggest what their true intention is, and that could lead to basic assault being elevated to aggravated assault. Behavior that implies intent to effect severe harm or reasonable apprehension over serious harm may have assault transform into 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. When the specific situation involves a deadly weapon, there’s a case of aggravated assault, with or without the intent to hurt.

Degree of Injury to the Plaintiff

More extensive harm to the plaintiff may dictate the case to be that of aggravated assault. And in most states, severe bodily harm is treated as aggravated assault. When an injury is potentially fatal, it is held as serious, and so is any other that mutilates or dismembers the victim. All this depends on specific state laws and their respective interpretations.

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.