Have you ever heard of aggravated assault with a deadly weapon? Or someone may have told about these types of serious crimes and attacks. Of course, aggravated assault using a deadly weapon is an attack where criminals try to give critical bodily injuries or sometimes cause death. In this article, we will discuss aggravated assault. Here criminals use deadly weapons to cause injuries to victims or even death. Therefore, if you have no idea what is this type of crime, go through this article thoroughly and know more about it.
Table of Contents
What Is Meant By Assault Using A Weapon:
Before knowing aggravated assault, you should know about assault using weapons. Whenever you know about assault using a deadly weapon, it means that it is a felony offense where there are no actual injuries to the victim. It happens when the attacker or criminal uses a physical object to cause a physical attack. The weapons used here are quite dangerous to the body and can cause severe injuries or death. Using these weapons can increases the risks of several consequences, and assault with a deadly weapon means felony.
Aggravated Assault With A Deadly Weapon:
Aggravated assault using a deadly weapon means to use a deadly weapon to cause assaults. Attackers can attack while hurting someone, causing offensive physical contact, or making an imminent threat to hurt someone. It means that criminals and attackers can commit the crime without even hurting somebody with the weapon. If you go deep into this topic, you will come to know that the possession of deadly weapons while committing assault doesn’t mean that the attackers had used the weapons or exhibited it as required by objects. However, it is essential to determine how was the weapon used. It includes how the attacker displayed it, how did the assault, and how was their attack? It means there is a possibility of assault being facilitated by the possession of weapons. The reason is that it makes the victim not fight back.
Whenever you hear about the aggravated assault, you should think that it means to apply intentional force on another person who paired with circumstances, which increases the crime for the category of Aggravated when thinking about Specific Circumstances.
What Is Assault?
Any crime of violence is assault. Each state-defined assault differently, but some states call it the intentional use of violence or force against other people. It includes punching a person, striking the victim with any object, and hitting a person with a weapon.
In some states, assaults don’t have to involve actual physical contact because they defined it as an attempt to commit a physical attack. They also call it an intentional act to cause a person to feel afraid of violence.
The Fear Of Victim:
While understanding aggravated assault with a deadly weapon, it is essential to know about the main Fears Of The Victim. An assault is placing a victim in fear or violence in many circumstances. The victim had to respond genuinely and reasonably under those circumstances. It means to take a test. There we find that the primary moves of the attacker were enough to cause a person to feel fear or not. In other words, we can say it’s the response of a person against assault.
Simple & Aggravated Assault:
Simple assault is not that much serious as assault. It includes minor injuries and the minimum threat of violence. But talking about aggravated assault, there are circumstances causing assault and crime more serious. Here, the victim had to undergo dangerous threats and experienced several injuries. It may be more than only slaps or punches on the face or jaw.
What Are The Examples Of Assault?
- To threaten or striking a person to attack with weapons or objects that are dangerous.
- To threaten people to kill someone by pointing a gun or shooting a person from a group of people.
- Severe physical injuries are resulting from the assault.
- If there is a crime against a member of a protected class, it is assault. It includes police officers, social services workers, healthcare providers, and elderly persons or developmentally disabled.
What Is Meant By Deadly Weapon?
- If you want to call a crime an assault, there has to be a deadly weapon (used by the offender to commit the crime). The object can be one of the Deadliest Objects, like a large knife that can harm the body and cause serious bodily injuries. Sometimes, attackers design their unique weapons and objects that cause these Types Of Injuries.
- Additionally, some objects like bricks, rocks, or boots can be deadly weapons if attackers use them as a deadly weapon to cause aggravated assault with a deadly weapon. Using these types of objects can kill the person.
- If a person has worn heavy and steel boots, he can cause severe injuries to the victim. It can cause death if the attacker kicks other people.
- Some attackers use brass knuckles or to beat someone or use a metal bar to Break The Legs. These both are deadly weapons, and thinking and doing it means having a criminal mind.
How To Prove Case & Possible Defenses?
To save the victim from the aggravated assault with a deadly weapon, the attorney or prosecutor must prove each aspect of the crime. There have to be no reasonable doubts pending to clear before judging the final decision. Here is the list of evidence the victim needs to prove the case.
- The defendant or attacker has internationally threatened the victim using a deadly weapon.
- The victim is afraid of the threat and the critical violence.
- The attacker has applied or attempted physical force on the victim using a deadly weapon.
For the prosecutor, there has to be all evidence (about the weapon to call it a deadly weapon), Or it has to be easier to prove that the used weapon was dangerous or an object that can cause death or critical bodily injuries. There must be enough evidence of the weapons to prove their deadly weapon. If there is an abdominal injury (caused by the heavy work boot), it is enough for the judge or jury to be convinced.
How Are Defenses?
While defending against the aggravated assault with a deadly weapon, the defendant can fight. It starts with the words like You Have Arrested The Wrong Person, That Wasn’t Me. Additionally, defendants have the right to claim self-defense or to defense other people by presenting the evidence. It may be the initiation by the victim before the defendant attacked that person. The defendant can also say he showed the gun or weapon because it was the victim who tried to cause assault first, and similarly, the actions caused by the defendant were purely accidental because there was never an intention of crime. The defendant can also prove about the mental illness where he can’t control his behavior. If the defendant can’t understand that his actions were unlawful, he will have to present all evidence that can save him from getting found guilty.
What To Consider Before Judging The Decision?
There are factors that judges have to consider before they determine the sentence. At trial, whenever the defendant present, the judge will consider. It includes the responsibility of crime taken by the defendant or not, and the injuries occurred, weapon and its type, past criminal records, and the surrounding circumstances of the crime.
What Are Penalties For Assault Using A Deadly Weapon:
It is a felony punishable between one to twenty years of prison. However, it depends on the specific provisions of the state’s sentencing guidelines. Generally, judges have direction on the length of the sentence. He also has directions to think about allowing the defendant to serve a portion of the sentence on probation or in prison.
Some states applied more penalties to a specific crime and victim. For example, assault against an older person, police officer, and others carry more penalties for a person found guilty. However, if the crime is quite severe and has hurt the victim, both mentally and physically, there can be a sentence enhancement. It means that the higher the level of crime, the higher will be the level of sentences. Some critical crimes like using automatic weapons, machine guns, shooting metal-resistant bullets, and guns have strict penalties.
Thinking and hearing about an aggravated assault with a deadly weapon is a critical felony. These crimes can impact the lives of victims where defendants if found guilty, will have to stay longer in jail. But, some defense attorneys can help victims to fight against the case. They help to protect the rights and achieve the best possible outcomes. They investigate thoroughly in the case and guide victims through the criminal court process.
Did you understand everything about an aggravated assault with a deadly weapon? Have you ever heard of cases like this? If you have more doubts regarding aggravated assault using a dangerous weapon, let us know. You can share cases you have seen or heard.