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Aggravated Assault: How is it Different From Simple Assault?

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PunchIf you find yourself a victim of assault, it can be confusing to figure out what to do next. The physical and emotional trauma that you experienced wouldn’t exactly go away easily, and your fear of being assaulted again may be what’s preventing you from taking the right action.

Before you press charges against your assailant, it’s important to first understand what constitutes an aggravated assault. Doing so will allow a more effective litigation that will bring your assailant to justice.

What is Aggravated Assault?

Many who practice general litigation Orem wide know that most people confuse aggravated assault with simple assault. It’s actually a little more complicated than someone who is simply out to harm another person.

Simple assault and battery often go hand in hand, and most states in the US don’t necessarily distinguish the two from one another. A person doesn’t have to actually hit another for it to constitute an assault; if they swung their fists, but the person got away, it’s already considered assault. Verbal threats, however, aren’t grounds for assault.

Aggravated assault, on the other hand, is assault with a deadly weapon with the full knowledge that it will bring harm to the person. The law usually states that a person should be fully indifferent to the safety of the person or are actually out to harm, rape, or even kill them.

Varying Degrees

There are different degrees of aggravated assault, and you should know each one if you’re planning to press charges against your assailant. There are four degrees of aggravated assault, but the first and second ones are the most common and most important.

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First degree assault is when the person has planned out an assault even before carrying it out, and it usually means they are fully aware that their actions will cause harm or death to the person. Second degree assault, on the other hand, occurs with no premeditated malice or when the person doesn’t exactly want to cause harm to the person, but causes it anyway.

Defining what aggravated assault is, as well as knowing the different degrees, is necessary, so you’ll understand the decisions of the court better and make sure your assailant is brought to justice.