Anyone with a legal background available to comment?
What constitutes "aggravated assault"? If someone beat someone else to a bloody mess using only their hands, but stated during the "beating" that they didn't intend to stop until they "were finished", what kind of charges could be expected against this person?
FYI: This is a domestic situation and one person was jailed. I'm suprised the other made it out alive.
2007-09-25 08:27:02 · 9 answers · asked by G.I. Jill 2 in Politics & Government ➔ Law Enforcement & Police
Wondering also if continuing beating someone when they are down, and not fighting back makes any difference as far as "intent" goes.
A sixty day temporary restraining order was issued by the judge. She (the victim) is filling out paperwork for a two year protective order. He (the abuser) was held for 36 hours before he could get out on bail. I want so badly for this to be a felony. We will see.
2007-09-25 10:54:10 · update #1
Also, this happened in Texas.
What elements could make this a felony as opposed to a misdomener?
2007-09-25 10:56:18 · update #2
aggrivated assult consists of the person getting the beating to be harrassing or irritating (or aggravating) the person who beat them.
in this case it sounds like they could be charged with domestic assult, assult and battery, or felonious assult. they could also charge them with assult with attempt to commit murder, or assult with attempt to do great bodily harm(more or less then murder depending on what they see fit)
in some states such as mine you have to push it though for the prosecuting attorney to follow through with that charges, i was greatly assulted by my ex and he never had any charges brought against him until after i left him and i had to push it i called everyday and tried to get a restraining order and so forth
i hope this helps
2007-09-25 08:39:40 · answer #1 · answered by princessandrea82 3 · 0⤊ 0⤋
The Uniform Crime Reporting (UCR) Program defines aggravated assault as an unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. The Program further specifies that this type of assault is usually accompanied by the use of a weapon or by other means likely to produce death or great bodily harm. Attempted aggravated assault that involves the display of—or threat to use—a gun, knife, or other weapon is included in this crime category because serious personal injury would likely result if the assault were completed. When aggravated assault and larceny-theft occur together, the offense falls under the category of robbery.
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so yes they could be charged with that , but mostly that charge comes from using or showing some sort of weapon
B.
2007-09-25 08:35:17 · answer #2 · answered by ivan dog 6 · 0⤊ 0⤋
He probably has about a 0% chance of joining the military. He already has one criminal conviction-strike one. Fraud in particular is really frowned upon during security clearance investigations. Actually, this probably isn't just strike one, but a pop-out to the catcher. He's pending another fraud charge. If convicted, strike two. Now he's facing an assault charge. If convicted, definitely strike three. If this is a felony, he is definitely done. Even as a misdemeanor, it will probably be DV assault, which makes him unable to possess a firearm (the Lautenberg amendment). Being able to use a firearm is kind of important in the military. The bottom line is that this guy is a dirtbag and will most likely become very familiar with the insides of courtrooms and jail cells over his life. We have no place for that in our military.
2016-05-18 02:53:50 · answer #3 · answered by briana 3 · 0⤊ 0⤋
This would all depend on where it happened (what state/country). In KS, this would not be an assault of any kind. Here assault is placing someone in fear of imminent bodily harm. Agg. battery is the intentional touching of another done in a rude, angry or insulting manner that results in sever bodily harm. If the defendant stated that they would not stop until they were finished, then you could move on up to murder.
2007-09-25 08:38:32 · answer #4 · answered by hensleyclaw 5 · 0⤊ 0⤋
Aggravated assault is defined by the injury to the person, the cause of the injury does not matter.
2007-09-25 09:30:35 · answer #5 · answered by trooper3316 7 · 0⤊ 0⤋
Yes they can, if the victim is a minor, if they are over 60, a school teacher, or any other government employee!~!
2007-09-25 08:40:13 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Yes,but it depends on other issues.
2007-09-25 08:50:47 · answer #7 · answered by jethom33545 7 · 0⤊ 0⤋
yes the crime can become aggravated without use of anything.
2007-09-25 08:39:23 · answer #8 · answered by Kevy 7 · 0⤊ 0⤋
ATTEMPTED MURDER
OR
MALICIOUS WOUNDING
BOTH ARE FELONY'S.
2007-09-25 08:31:28 · answer #9 · answered by Anonymous · 0⤊ 2⤋