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If a simple “Assault” usually results in violent threats, minor or no injuries, “Aggravated Assault”crimes as well as “Assault and Battery” involve a higher degree of seriousness, with deliberate harm inflicted on one person by another. It’s important to mention that words alone couldn’t lead to assault charges. Aggravation occurs when the assault involves:
“Serious bodily injuries” define physical harm that “creates a large risk of death or that causes death, severe permanent disfigurement, or protracted loss or impairment of the function of a member or a bodily organ.” With aggravated assault, the extent of the injury is critical, for instance, even a boot could constitute a dangerous object if it’s used to inflict a grave injury or even death. Furthermore, a simple punch in a fight, which usually qualifies as “Simple Assault” can be enhanced to “Aggravated Assault” if the resulting physical injuries are life-threatening.
Judging by the victim and the circumstances, we have the following variations/categories, which are also some of the most common Aggravated Assault charges:
There’s also “Battery,” when the aggressor offensively touches or physically strikes the victim without consent, in other words, battery is a “finalized assault.”
Judging by the severity of the crime, each state defines its different degrees of aggravated assault:
We have to note the difference between “significant” and “serious” injuries:
In some jurisdictions (for instance, New Jersey) a third-degree aggravated assault charge applies if someone commits a simple assault that causes bodily harm to any of the below categories while performing their job:
If the simple assault on any of the above does not leave bodily injuries, the assault is a fourth-degree crime.
Depending on the degree of the assault, the injuries and the state where the crime took place, an Aggravated Assault can be treated as a misdemeanor or as a second-degree felony. It can be a first-degree felony in the following circumstances:
In some states, the accused is fined with an average $10,000 and has to spend up to 15 years in prison, while in other states, the average fine is between $150 and $500 and the offender is convicted to 4 to 12 months of incarceration in county jail. Either way, the repercussions usually include:
For “assault and battery,” damages could cover: pain and emotional distress; medical and mental health treatment costs; other expenses related to recovery or treatment(bandages, assistive devices, medications)and victim’s lost wages.