What is the difference between aggravated assault and simple assault

Also, if an assault occurred during the commission of another crime such as rape, robbery or attempted murder, then, it will be considered as an aggravated assault.

However, the penalties in a misdemeanor involving simple assault could be milder compared to a misdemeanor aggravated assault case. However, when it comes to aggravated assault, the potential for penalties is much higher. If you have been convicted of felony aggravated assault, you may be looking at all these penalties and a longer prison sentence.

In addition, a felony aggravated assault conviction also counts as a strike under California Three Strikes Law. This is essentially a law that significantly increases prison time for individuals convicted of a felony if they have had prior convictions for two or more violent crimes or felonies.

If a person gets three strikes, he or she could end up receiving a life sentence. It is important to remember that you can be charged with and convicted of assault even if no one was actually hurt by your behavior. As a result, a number of people who have no prior criminal record or who never thought they were engaging in illegal activity tend to face these types of charges.

There are several powerful legal defenses you can use to fight assault charges in California. Here are some of the most commonly used defenses in assault cases:. In aggravated assault cases, the legal defenses are similar. Your criminal defense attorney may be able to argue that did not have the ability to inflict great bodily injury on the alleged victim.

Self-defense once again is a good defense in aggravated assault cases. Although any assault charge is serious, an aggravated assault is likely to land you in jail while a simple assault may not. While a simple assault is a misdemeanor, an aggravated assault is a felony. If you are charged with the latter, the consequences can be very serious for your future. The felony charge of aggravated assault contains the same elements of a simple assault charge.

However, there are additional elements. If the perpetrator brandishes a deadly weapon during the assault or causes serious bodily harm to the victim, the offense becomes an aggravated assault. An aggravated assault conviction can impact your job prospects, your ability to vote and buy a firearm. The law defines a deadly weapon. Obviously, a gun is a deadly weapon but a knife can be a deadly weapon as can a dagger, mace, and even stilettos.

There are essentially two forms of assault under Pennsylvania law — simple assault and aggravated assault. Under state law, simple assault is when someone suffers a bodily injury due to the intentional or reckless conduct of another.

Though, it is important to understand that you can assault someone without ever touching them. If the victim felt fear of imminent injury, it is possible for police to charge you with assault. Aggravated assault is the more serious form of assault, under state law.

Police typically charge someone with aggravated assault when a weapon is involved, or a police officer was assaulted. In fact, if you are convicted of aggravated assault committed with a weapon, you could be subjected to a mandatory minimum sentence of 5-to years in prison.

A mandatory minimum sentence may also come into play even when no weapon was involved and no serious bodily injury was inflicted. If the victim was under the age of 17 and you were over the age of 21, then a mandatory minimum sentence would be applicable.