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What Determines That a Case is Aggravated Assault? Criminal lawyers Charlotte NC has today resolve a range of criminal case types, such as murder, embezzlement, and assault. In case of basic assault, criminal law in many states does not require physical harm to be there, but rather that the offender acts in a way meant to render someone in reasonable fear for their safety. Nonetheless, aggravated assault is a more serious charge that is figured out based on conditions like explained below: Assault With a Lethal Weapon In case a lethal weapon is used during assault, the attacker commits aggravated assault. Likewise, aggravated assault is being committed when an aggressor uses a deadly weapon to put another person in danger. In all criminal scenarios involving aggravated assault, a lethal weapon is that object that may be deployed to kill or cause extreme physical trauma. For instance, a gun is a deadly object that may be used in aggravated assault even when it does not kill the victim.
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In some cases, the identity of the victim may have an assault case elevated 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. Conduct of the Perpetrator How the perpetrator behaves during assault may suggest what their true intention is, and that could lead to basic assault being elevated 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. With or without the will to harm, aggravated assault is committed in case the particular case also involved a lethal weapon. How Severely the Victim’s Injured 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. 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.