Aggravated Assault: What You Need to Know If You’re Charged with This Offense
If you’re talking to an assault lawyer, they will help you understand how simple assault differs from aggravated assault. In California, simple assault is considered a misdemeanor offense. Aggravated assault, on the other hand, maybe charged as a misdemeanor or felony offense.
While the term “assault” is often used in the phrase, “assault and battery,” assault and battery are two distinct offenses. Battery involves the actual use of violence against the victim while assault represents an attempt to use violence or physical force.
Aggravated assault is therefore more severe than simple assault as it typically involves using a deadly weapon, attempting to assault a person who is vulnerable or an attempt that leads to a serious injury.
You can further understand the differences in the following examples.
What is the Definition of a Simple Assault?
A simple assault is defined as an action that causes a victim to believe they are in dire harm of being physically hurt or even killed. This means that the police can arrest you if you utter a verbal threat even if you don’t follow up with the activity.
For instance, if you tell someone you’re going to knock them unconscious, that is enough to satisfy the definition of a simple assault. If you accompany the threat with a threatening gesture or attempt to carry out the act but the victim dodges you or escapes, it counts as an assault.
What is the Definition of Aggravated Assault
Aggravated assault takes one step up from simple assault, as it refers to events where there is serious physical injury or a weapon is used. This type of assault may also represent an action that is performed with the intent of committing a more serious offense.
For example, this type of event often accompanies a crime such as rape, sexual battery, or mugging. If you knock someone out to commit one of the aforementioned crimes, it counts as aggravated assault.
In this case, you’ll need to have an assault lawyer represent your case to ensure that you’re given a fair chance to explain the incident. In California, aggravated assault may be charged as a wobbler, which means you may be indicted with a misdemeanor or a felony, depending on the circumstances surrounding the case.
If the charge leveled against you is a misdemeanor, you may be subject to 6 months in the country jail as well as fines. If you’re charged with a felony, you may have to spend four to six years in federal prison and may have to pay up to $10,000 in fines. Therefore, it’s important to discuss your case with a California aggravated assault attorney to ensure you receive the best possible outcome.
How “Battery” is Linked to Assault
Anyone who attempts to injure someone or has the ability to injure them commits assault under California law. When battery is committed along with assault, it involves the willful and illegal use of violence or force against a victim.
Again, assault is an attempt at violence while battery involves the violence itself. When you’re charged with assault and battery then, you attempted to injure someone and were successful. The battery may lead to a jail sentence of up to six months or $2,000 in fines while aggravated battery that leads to a serious injury can involve steeper fines and prison time.
Examples of aggravated assault may include assault with a deadly weapon, assault with a firearm, or assault on a police officer. To defend you against aggravated assault, a California aggravated assault attorney may use one of three defenses – that an assault did not occur, that the accused acted in self-defense, or that the defendant was falsely accused.
Therefore, you may be charged with simple assault if you get involved in a fight and swing at another person but miss them or throw a glass at them and they duck. However, you’ll escalate the event if you use a deadly weapon ( including a taser), firearm, or caustic chemical. Your attempt also may be aggravated if you use enough force to cause a severe injury.
An example of this type of injury includes broken bones, gunshot wounds, or a fractured jaw. If you place or throw flammable or caustic chemicals at someone with the intent to disfigure or injure them, you’ll be charged with aggravated assault. A caustic chemical is a substance that burns or corrodes, such as gasoline.
A charge of self-defense may be used in an assault case if the perpetrator actually believed they were in imminent danger, or they believed that they needed to exert enough force to stop the danger. As a result, they used the proper amount of force to defend other people or themself.
Sometimes a person is falsely accused of assault if another person lies to avoid prosecution. Therefore, an assault lawyer can help you beat an assault charge if they can show you were unfairly blamed.
Unless the state’s prosecutor can prove guilt beyond a reasonable doubt, the assault charge should be dismissed.
Beyond a reasonable doubt means that the evidence the prosecution presents as well as their arguments should clearly establish a defendant’s guilt – enough to show that it is accepted as fact by a rational human being.
If you’re not a U.S. resident, you may be deported if you’re found guilty of an aggravated felony. Therefore, you need to depend on the skills of an assault lawyer to help you with your defense.
An Expungement for Aggravated Assault
If you’re convicted of aggravated assault, you may get the conviction expunged. This may happen if you received a country jail term or probation and successfully completed it. Expungement is usually not granted if you’re sentenced to a state prison.
A Felony Conviction and Gun Rights
Under the state law of California, you cannot possess a gun if you’re convicted of a felony. So, if you’re convicted of aggravated assault and it’s a felony, you won’t be able to own a gun.
What Are the Related Crimes?
Three violent offenses relate to aggravated assault in California. These offenses include a battery, a battery that leads to serious bodily injury. and sexual battery. Unlike assault, battery requires that the perpetrator touch the victim.
Contact an Assault Lawyer in California If You’re Charged with Assault
You need the professional legal representation of an assault lawyer if you’re charged with assault in California. Contact Jance M. Weberman to strategize and plan your defense. You can contact legal counsel for your assault case by calling (213) 386-9100 now.