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Factors That Make the Case for Aggravated Assault Criminal lawyers Charlotte NC has today resolve a range of criminal case types, such as murder, embezzlement, and assault. 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. But aggravated assault is a more severe crime and is determined based on factors such as below: 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. With all criminal cases of aggravated assault, a deadly weapon is anything that may be utilized to kill or cause severe 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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The Identity of the Plaintiff
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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. Behavior of the Offender 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. 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 typical example is when an individual acts with reckless regard to human life, even when their intention was not to hurt 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 bigger extent of severe injury to the victim may decide that aggravated assault was committed. 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. All that varies from state law to state law and respective interpretation. A criminal defense attorney in Charlotte NC can provide a detailed scrutiny of the facts to your case to help establish a successful defense, considering that aggravated assault entails a wide spectrum of circumstances.