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What Determines That a Case is 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: Use of a Deadly Weapon In case a lethal weapon is used during assault, the attacker commits aggravated assault. Additionally, an attacker that uses a lethal weapon to threaten the safety of another is also committing aggravated assault. In all criminal scenarios involving aggravated assault, a lethal weapon is that object that may be deployed to kill or cause extreme physical trauma. 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 Status of the Victim
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In some circumstances, the status of the victim could have an assault charge upgraded to aggravated assault. An example is determination of aggravated assault if the victim is a police officer or fire fighter according to certain 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. The Perpetrator’s Behavior 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. Behavior that implies intent to effect severe harm or reasonable apprehension over serious harm may have assault transform into aggravated assault. However, it’s also possible for reckless actions to constitute aggravated assault, no matter the offender’s true intention. A case in point is that of someone acting with negligent concern for human life, no matter if they never intended to bring harm to anyone. When the specific situation involves a deadly weapon, there’s a case of aggravated assault, with or without the intent to hurt. Extent of Injury to Victim A higher degree of serious injuries to the victim can determine the case to be aggravated assault. And serious bodily injury is viewed as aggravated assault in many states. When an injury is potentially fatal, it is held as serious, and so is any other that mutilates or dismembers 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.

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