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Aggravated assault v battery
- Thread starter syed putra
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- Joined
- Sep 22, 2008
- Messages
- 84,264
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- 113
The crimes of assault, assault and battery, and aggravated assault all involve intentional harm inflicted on one person by another. Any crime involving a physical attack—or even the threat of an imminent attack—is usually classified as an assault, a battery, or both. These acts can rise to the level of aggravated assault depending on the seriousness of the attack.
Defining Aggravated Assault
Aggravated assault is a felony. An assault becomes aggravated or enhanced when the level or risk of harm increases. For instance, the following factors generally increase an assault to aggravated assault—the assault:
results in or risks causing serious bodily harm
was committed with a dangerous or deadly weapon
was committed with the intent to commit a serious crime, or
was committed against a vulnerable or protected victim.
Some assault laws name the aggravating factor—for example, "assault with a deadly weapon." A defendant who has prior convictions for assault could also face aggravated assault charges.
Serious bodily harm. States differ in how they define serious or great bodily harm. In the most general terms, it's anything more than bodily harm (scrapes, pain, bruising) but short of death. Some examples include broken bones, serious sprains, permanent injuries, disfigurement (such as knocked-out teeth or chemical burns), damage to internal organs, severe lacerations, extreme pain, gunshot wounds, and injuries requiring major surgery.
Defining Aggravated Assault
Aggravated assault is a felony. An assault becomes aggravated or enhanced when the level or risk of harm increases. For instance, the following factors generally increase an assault to aggravated assault—the assault:
results in or risks causing serious bodily harm
was committed with a dangerous or deadly weapon
was committed with the intent to commit a serious crime, or
was committed against a vulnerable or protected victim.
Some assault laws name the aggravating factor—for example, "assault with a deadly weapon." A defendant who has prior convictions for assault could also face aggravated assault charges.
Serious bodily harm. States differ in how they define serious or great bodily harm. In the most general terms, it's anything more than bodily harm (scrapes, pain, bruising) but short of death. Some examples include broken bones, serious sprains, permanent injuries, disfigurement (such as knocked-out teeth or chemical burns), damage to internal organs, severe lacerations, extreme pain, gunshot wounds, and injuries requiring major surgery.
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