{"id":351993,"date":"2023-08-22T08:51:00","date_gmt":"2023-08-22T13:51:00","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-charges\/aggravated-assault.html"},"modified":"2024-11-13T09:51:00","modified_gmt":"2024-11-13T14:51:00","slug":"aggravated-assault","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-charges\/aggravated-assault.html","title":{"rendered":"Aggravated Assault"},"content":{"rendered":"\n
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What Is Aggravated Assault?<\/h1>\n\n
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\n By John Mascolo, Esq.<\/a> | Legally reviewed by Kit Yona, M.A.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Aggravated assault is an attack that causes serious bodily injury to another person or involves the use of a deadly weapon. Some states refer to aggravated assault as felonious assault.<\/p>\n\n <\/div>\n\n\n\n

Aggravated assault is one type of assault. Basic assault occurs when a person attempts or threatens to inflict bodily harm or puts the victim in fear of immediate bodily harm. The alleged perpetrator must also have the ability to inflict this harm.\u00a0<\/p>\n

In contrast, assault becomes “aggravated” when it involves a more dangerous level of harm. That’s why aggravated assault crimes also generally carry higher penalties.\u00a0<\/p>\n

Yet, there are several possible defenses to assault charges. A criminal defense lawyer can advise an accused person on their specific legal protections.\u00a0Find a lawyer<\/a>\u00a0if you need help. They can explain your state’s laws and give you more insight into your options.<\/p>\n

Classifying Aggravated Assault<\/h2>\n

Many states classify aggravated assault as a felony charge. Offenders with an aggravated assault conviction face the possibility of prison time. In contrast, simple assaults will likely be misdemeanors<\/a> and only expose an offender to jail time.<\/p>\n

Many states also have multiple degrees of criminal charges for aggravated assault. In other words, an aggravated assault under one set of circumstances may be a third-degree felony. When additional aggravating factors are present, the crime may increase to a second-degree felony or a first-degree felony.<\/p>\n

Assault crimes are aggravated (or enhanced\/elevated) by a wide range of circumstances surrounding the crime. Aggravating factors may include the weapon used, the severity of the violence or harm, the type of victim targeted, or even the perpetrator’s state of mind. Factors that raise an assault<\/a> charge to the aggravated level can vary somewhat from state to state. Some may require a permanent injury or substantial risk of death.<\/p>\n

Assault With a Deadly Weapon<\/h2>\n

The use of a deadly weapon during an assault can elevate a criminal case from simple assault to aggravated assault. This enhancement typically applies regardless of whether the use of the weapon actually caused any injury. A simple assault does not require evidence of physical contact or injury. Proof of an attempt to cause harm will usually suffice. A\u00a0“harmless” attack with a deadly weapon becomes an aggravated assault because it tends to put the victim in serious fear for their safety. If an assault with a deadly weapon actually does result in a serious injury or risk of death, the charges and penalties could increase. For example, the intent shown by the use of a weapon may also support a charge of attempted murder.<\/p>\n

Deadly or dangerous weapons include objects designed to inflict serious harm or cause death, such as guns, knives, swords, or brass knuckles. For other objects, their classification as deadly weapons will depend on how an offender uses them. For example, a hatchet or axe is generally not considered a lethal weapon but a tool for chopping wood. If an offender throws a hatchet at a victim, it could become a deadly weapon. Similarly, when an offender drives a car at an alleged victim, it may become a deadly weapon in the eyes of the law.<\/p>\n

Degree of Injury to the Assault Victim<\/h2>\n

More serious injuries to the victim can cause an otherwise simple assault to rise to the aggravated level. In most states, any assault causing serious physical injury to another qualifies as an aggravated assault.<\/p>\n

State laws define the seriousness of the injury in different ways. Some states require that the injury create a risk of death. Other states elevate assaults that cause permanent injury, disfigurement, or great bodily harm to the victim.<\/p>\n

Some states recognize multiple ways an offender can cause serious physical injury or harm to another. For example, Ohio makes it a felony assault to engage in sexual intercourse with another if you know you have the virus that causes AIDS and do not disclose your status to the other person. Washington outlaws providing poison or other harmful substances to another as a felony assault.<\/p>\n

Assault With a Special Victim<\/h2>\n

Some violent crimes become aggravated or enhanced because of the special characteristics of the victim. This may include the offender’s relationship with the victim. For example, many states enhance an assault charge when the victim is a police officer.<\/p>\n

Typically, these enhancements apply if the victim is acting in their official capacity when assaulted. They may also apply when the offender is retaliating for some official action. For example, say an offender commits a simple assault against a law enforcement officer during an arrest. This would likely raise the charge to a felony as the officer is on duty. Now if the offender commits the assault against the same officer at a neighborhood barbeque, there will be no enhancement. The officer is off-duty.<\/p>\n

Many state laws also raise the degree of crime and possible penalties for assault\u00a0in other situations. Such enhancements may occur when the victims are elderly, disabled, or pregnant.<\/p>\n

State criminal laws often treat domestic violence assault<\/a> as a misdemeanor for a first-time offender. If aggravating factors are present, the domestic violence offense becomes a felony. Aggravating factors may include a prior conviction for domestic violence or the fact that a victim is pregnant at the time of the assault. States often classify domestic violence offenses under a separate statutory scheme. This sets them outside the typical assault laws.<\/p>\n

Deadly or Cruel Intent<\/h2>\n

The mental state of the perpetrator<\/a> can also elevate assault charges from simple assault to aggravated assault. If the offender acted with the intent to cause severe bodily harm, a simple assault charge could become an aggravated assault.<\/p>\n

Hate for a particular group can also be a basis for enhancing assault charges. Assaults on members of certain protected classes can constitute hate crimes. Protected classes include, but are not limited to the following:<\/p>\n