My friend is getting charged with aggrevated assualt and it was just one punch. The kids nose was broke but no weapons were used or harm was intended. The kid also faught back. Is that possible? I'm just trying to understand whats goin on.
2006-09-07 08:10:13 · 12 answers · asked by Kyle D 1 in Politics & Government ➔ Law Enforcement & Police
The FBI defines aggravated assault this way:
Aggravated assault is an unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault is usually accompanied by the use of a weapon or by means likely to produce death or great bodily harm. Attempts are included since it is not necessary that an injury result when a gun, knife, or other weapon is used which could and probably would result in serious personal injury if the crime were successfully compled. (http://www.fbi.gov/ucr/Cius_99/99crime/99c2_06.pdf#search=%22aggravated%20assault%22)
Laws vary from jurisdiction to jurisdiction. Some states may see a difference between "assault" and "battery." In these states, "assault" would be a threat of physical harm (such as chasing someone with a baseball bat), and "battery" would be inflicting the harm (catching him and hitting him with the bat).
Some states will charge a person with aggravated assault if the other person receives serious injury or if a potentially deadly weapon was used -- but weapons (other than fists) do not necessarily have to be used for an assault to be considered aggravated.
A fist can be considered a weapon, and a broken nose is a severe bodily injury.
Plus, you say "the kid also fought back," which suggests that your friend may have started it, or at least may have thrown the first punch. That also could be an aggravating factor.
The penalty could vary from probation, to community service, to jail time, depending on the local laws, your friend's criminal record, and how he reacted to the police when he was arrested.
2006-09-07 08:30:53 · answer #1 · answered by johntadams3 5 · 1⤊ 0⤋
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RE:
What is the penalty of aggrevated assault? and what is the difference between that and regular assualt?
My friend is getting charged with aggrevated assualt and it was just one punch. The kids nose was broke but no weapons were used or harm was intended. The kid also faught back. Is that possible? I'm just trying to understand whats goin on.
2015-08-20 15:44:03 · answer #2 · answered by Lizabeth 1 · 0⤊ 0⤋
In most states, assault is a misdemeanor and carries a penalty of fines and up to 11 months, 29 days in jail. The factor for how much time to serve depends on the situation and the length of the suspects rap sheet.
Aggravated assault is a felony and carries a penalty of high fines and at least 1 year in jail. Again, the situation and the rap sheet play a big part.
Assault means that the victim was in fear of his/her safety OR that a minor injury occurred and no weapons were present.
Aggravated assault means that a weapon was displayed OR that the victim suffered severe injury.
Especially Aggravated Assault means that a weapon was displayed AND used, causing injury.
If the kid fought back, how could only 1 punch be thrown. I can assure you that the kid received severe injury if Aggravated Assault is the charge.
Is it possible that your friend is downplaying what really happened ?
2006-09-07 08:53:49 · answer #3 · answered by tnmack 3 · 0⤊ 1⤋
The penalty for aggrevated assault would vary from State to State and also from Judge to Judge. Depending on the laws of that state .. and how much the Judge is able to vary the length of the sentence .. is what will dictate how long your friend may be in jail .. if at all. Also, the circumstances under which the assault happened might determine the length of a jail stay. Good luck ! :)
2006-09-07 08:19:42 · answer #4 · answered by tysavage2001 6 · 0⤊ 0⤋
You can't really answer this question without knowing what State you are in as State laws very. As a general rule, adding "aggravated" to a charge usually increases the sentencing potential and the class of the charge. There are many things that can be "aggravating". Weapons are commonly aggravating circumstances but they are not the only ones. Sometimes the type or degree of injury can be the aggravating factor or the position/title of the victim can be an aggravating circumstances, for example, if your friend punched a cop.
2006-09-07 08:18:58 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Aggravated Assault Jail Time
2016-10-06 23:42:30 · answer #6 · answered by moricca 4 · 0⤊ 0⤋
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2016-04-06 23:55:39 · answer #7 · answered by Anonymous · 0⤊ 0⤋
The penalty depends on the jurisdiction it occurred in. A weapon doesn't have to be used to be classified aggravated assault, it's the intent with which the police officer believes the assault occurred. The officer will charge the person belived to start the fight with the 'highest possible charge' according to the law, and the judge can always kick it down to a lower charge. Of course the other path fought back! You can't expect them to get pulverized and just stand there and not defend themselves....
2006-09-07 09:13:23 · answer #8 · answered by daisymae 2 · 0⤊ 1⤋
In GA, agg assault is a felony, punishable by a minimum of 1yr prison and 1,000 fine. I have a hard time seeing agg assault for one punch, unless there was weapons used. In GA, it is defined as an act or threat to do severe bodily harm or death...example is pointing a gun at someone, hitting them with a bat, shooting someone...all agg assault in GA, your state's laws may vary...I would think during the trial, they would have a hard time convicting you of agg assault, maybe more like assault or battery. You may want to get an atty. and try to work out a plea to a misdemeanor (lesser charge)...probably get probation and a fine.
2006-09-07 09:02:02 · answer #9 · answered by Mr. Ed 3 · 0⤊ 0⤋
Assault can be a verbal threat to hurt someone with the ability to carry through on the threat.
Aggravated is when you are actually assualted physically
2006-09-07 10:54:32 · answer #10 · answered by Ron K 3 · 0⤊ 1⤋