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Factors That Make the Case for Aggravated Assault Criminal lawyers Charlotte NC law firms have help with many criminal case types, including murder, embezzlement, and DUI. Concerning the case of simple assault in most states, the law does not need physical harm to exist, but instead, the offer must have acted in a manner designed to put the victim in realistic fear for their safety. However, aggravated assault is a more serious offense and is decided on the basis of factors like: 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. With all criminal cases of aggravated assault, a deadly weapon is anything that may be utilized to kill or cause severe 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 Identity of the Plaintiff
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In a certain scenario, assault may be raised to aggravated assault depending on the identity of the victim. An example is determination of aggravated assault if the victim is a police officer or fire fighter according to certain state laws. Any such charge of aggravated assault is considered valid only if the victim was actually performing their official duty when the specific attack happened, and the aggressor must have recognized the victim’s official status. Behavior of the Offender 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. However, it’s also possible for reckless actions to constitute aggravated assault, no matter the offender’s true intention. A typical example is when an individual acts with reckless regard to human life, even when their intention was not to hurt anyone. If a dangerous weapon is used in the specific incidence, aggravated assault has been committed, with or without the intention to injure. Extent of Injury to Victim A bigger extent of severe injury to the victim may decide that aggravated assault was committed. Still, majority of states hold severe bodily injury to be aggravated assault. Any injury that can kill is treated as severe, and so is any harm that maims or mutilates the victim. Particular state laws and their own interpretations have a bearing on all that. 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.