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Aggravated Assault Charges

Assault Definition and Consequences

A criminal "assault" is an intentional, unlawful threat by word or act to do violence to another, coupled with an apparent ability to do so, and performing an act which creates a well-founded fear in another person that such violence is imminent.

This is also commonly referred to a "simple assault", which is a misdemeanor of the second degree, punishable by up to a $500 fine, sixty (60) days jail and/or 6 months probation.

If a deadly weapon is used in the commission of the assault, without the intent to kill, or is used in the commission of a felony act, it is considered Aggravated Assault, which is a felony of the third degree, punishable by up to a $5,000 fine, five (5) years prison and/or probation.

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Assault Charges are Crimes Against the Public

Because Assault charges are crimes against the public and their safety, assault charges are prosecuted in a more aggressive manner than other misdemeanor crime charges such as prostitution, solicitation, or disorderly conduct.

An Assault Conviction Requires Intent

A simple assault conviction can only be accomplished if the prosecution can prove intent, therefore, it relies on the subjective nature of the alleged assault victim's perception of what they believed was a clear and present danger.

Because of these variables, in order to strengthen their case against you or force you to take a plea deal, law enforcement and prosecutors may choose to look for any evidence which may allow them to add charges to the indictment, or seek a felony assault over a misdemeanor assault charge.

Assault and Associated Charges

Assault charges may be associated with other types of criminal offenses, depending upon the evidence collected against you, such as:

  • Stalking

  • Violation of a Protective "Restraining" Order

  • Sexual Assault

  • Assault or battery of an individual 65 years or older

  • Assault of a minor

  • Lewd and lascivious acts

  • Burglary Theft or Robbery

  • Other misdemeanor or felony crimes which may relate to the incident for which you were arrested for