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Aspects That May Raise a Case to Aggravated Assault Criminal lawyers Charlotte NC law firms have help with many criminal case types, including murder, embezzlement, and DUI. In a simple assault scenario, the offender need not cause physical harm, according to criminal law in most states, but they must have behaved in a manner devised to place the plaintiff in sensible fear of immediate harm. However, aggravated assault is a more serious offense and is decided on the basis of factors like: A Potentially Fatal Weapon When a deadly weapon is utilized during assault, aggravated assault is being committed. Likewise, aggravated assault is being committed when an aggressor uses a deadly weapon to put another person in danger. In all aggravated assault criminal cases, a deadly weapon is any object that’s capable of being used to cause death or serious physical injury. 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. In that case, the aggravated assault charge is deemed sensible when the plaintiff was executing their official responsibility the specific time they were attacked, and the attacker must have been aware of the victim’s official position. Conduct of the Perpetrator 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. Actions that suggest intention to cause serious harm or reasonable fear of serious harm can lead to assault becoming aggravated assault. Yet, it’s also likely for reckless behavior to lead to aggravated assault, regardless of the offender’s actual intent. A good example is if the perpetrator behaves with careless indifference to human life, including if they never intended to cause anyone harm. 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 More extensive harm to the plaintiff may dictate the case to be that of aggravated assault. Still, majority of states hold severe bodily injury to be aggravated assault. When an injury is potentially fatal, it is held as serious, and so is any other that mutilates or dismembers the victim. Particular state laws and their own interpretations have a bearing on all that. Bearing in mind that aggravated assault borders on many different situations, criminal defense lawyers in Charlotte NC may give you a detailed assessment of evidence in your case to deliver a solid defense.

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