Aggravated Assault: When Does it Cross the Line?

Aggravated assault is any intentional behavior that is meant to cause bodily harm, such as robbing, rape, and murder.

If you’ve listened to the news, been in a courtroom, or binge-watched your favorite legal drama series, you’ve heard the term aggravated assault thrown around multiple times. It’s the charge for which, most times, an offender has to do prison time. But, if all violence is wrong, why are some offenders only lightly punished, and others become guests of the State for a considerable period? 

The simple answer is that they crossed a line. There exists a line between general assault and aggravated assault. Read on to see what defines this boundary.  

What’s the Difference? 

Assault is any behavior that puts another person in fear of battery or physical assault. Battery encompasses unwanted or provoking touching and insulting. An unsolicited kiss can be considered battery just as much as a knee to the groin or a punch in the face. A poke on the shoulder during an argument or spitting on someone is also assault. A display or threat of harm, such as raising a fist without actually striking a person, is also a form of assault. Simple assault is usually a criminal misdemeanor punishable by fines of up to $1,000, a criminal record, and a 6-12 months jail term, though laws and punishments vary from state to state. 

Aggravated assault is any intentional behavior that is meant to cause bodily harm, such as robbing, rape, and murder. A threat of harm using a deadly weapon (any object that could be used to inflict severe or fatal injury like a knife, baseball bat, vehicle, or gun) is also considered aggravated assault. In most states, it’s classified as a felony charge, a crime of high seriousness, punishable by a series of serious consequences. In Texas, for example, aggravated assault carries a $10,000 fine and 2-20 years in prison, while in Georgia, offenders get 1-20 years in prison. 

Where’s the Line? 

The line between simple and aggravated assault is drawn by the degree of harm caused. While both are driven by intent, aggravated assault features the intent to cause serious bodily harm without regard for the victim’s well-being and life.

Note that in some cases, an assault charge can be bumped up to an aggravated assault charge. For example, assaulting a pregnant woman may be regarded as aggravated. The same is the case for an assault on a peace officer. In addition, if a weapon was used during an assault, or the assault happened while another crime was in progress, such as a robbery or attempted murder, the misdemeanor is elevated into a felony charge. 

Degrees of Aggravated Assault 

Assault is always intended to cause harm, but the degree to which a person is assaulted determines the severity of the crime. This degree draws the line between a misdemeanor and a felony and also sets felonies into categories, going by the weight of violence emitted. 

The three degrees of aggravated assault are: 

First Degree Assault 

The first degree carries the most weight and is the most severe aggravated assault charge. It encompasses assaults that are driven by intent and malicious will that seek to inflict serious harm. The presence of a deadly weapon and the severity of injuries add to the gravity of the charge. Hence, the punishment for this crime is hefty fines or prison time.

Second Degree Assault 

The second degree is similar to the first in terms of intentional acts driven by malice. However, in this category, the injuries inflicted are not as severe as those of the first. Second-degree assault is punishable with fines and imprisonment. 

Third Degree Assault 

Assault in the third degree is the lesser of the three charges. It encompasses situations where the intent to harm can be proven, but the injuries caused are minor. The punishment for this category is equally lesser, but a conviction can still result in fines and a jail term. 

Note that acts of negligence or recklessness that result in harm to another person can fall into this category.  

Your Defense

In an assault case, you’re either the plaintiff (victim) or the defendant (offender). 

As the Plaintiff 

Your lawyer has the task of proving three facts: 

1. The defendant acted violently, voluntarily. 
2. The act brought the plaintiff significant fear from the unlawful use of force and the harm it would cause. 
3. Given the circumstances, the fear was reasonable.  

As the Defendant 

If you’re the defendant in a legal assault charge, the first thing to do is seek an assault and battery defense lawyer to represent you. In an emotionally charged environment, you’re better off having someone calm and adept with the law speak for you. Left to your devices, you might say something that implies the victim deserved the assault, which could be incriminating. In fact, your failure to show remorse could have the judge issue the maximum punishment allowed by law. So, if you’re arrested and charged, be smart and inform your lawyer immediately.  

Possible defenses for an aggravated assault case are: 

1. You did not intend to cause harm.
2. You acted in defense of yourself, your family, or your property.  
3. No deadly weapon was used. 

Self-defense is the argument that, given the circumstances, the use of force was reasonable. In determining the validity of this defense, the court considers your mental state and the circumstances at the time of the act. If there was an imminent danger and you acted reasonably, the self-defense argument should fly in court. 

In addition, even if a weapon was present, you can argue it was not used. For example, if you were trimming your bushes with a hedge shear when the altercation occurred, your defense lawyer will argue that the pair of shears just happened to be there. There’s no guarantee that it was used as a weapon. If your defense is strong, you could get the aggravated assault charge lowered to a simple assault which is easier to beat and for which punishment is less severe. 

Assault Charges Are Serious

Charges for simple or aggravated assault are serious. If they are brought against you or a loved one, without proper defense, you could easily get severe punishment—a lengthy prison sentence, or worse, the death penalty. Therefore, when arrested, quickly get representation and start building your case.