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Factors That Make the Case for Aggravated Assault Criminal lawyers Charlotte NC firms provide handle a wide spectrum of criminal cases, from murder and embezzlement to DUI and assault. 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. Similarly an individual commits aggravated assault when they jeopardize someone’s safety with a lethal weapon. 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. 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 cases, the identity of the victim may have an assault case elevated 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. Behavior of the Offender The behavior of the perpetrator as they commit assault may imply their true intent, perhaps causing the elevation of basic assault to aggravated assault. Behavior that implies intent to effect severe harm or reasonable apprehension over serious harm may have assault transform into aggravated assault. Yet, it’s also likely for reckless behavior to lead to aggravated assault, regardless of the offender’s actual intent. 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. How Severely the Victim’s Injured A higher degree of serious injuries to the victim can determine the case to be aggravated assault. And in most states, severe bodily harm is treated as aggravated assault. If an injury is life threatening, it is considered as serious, and so is injury that maims or disfigures the victim. All this depends on specific state laws and their respective interpretations. Criminal lawyers in Charlotte NC could offer you a thorough analysis of facts to your case to prepare an effective defense, keeping in mind that aggravated assault covers an extensive array of scenarios.