mollolawfirm.com

We have represented many individuals charged with aggravated assault.  If you are facing an aggravated assault charge, it is essential you have an experienced criminal defense attorney by your side. 

 

Aggravated assault is a more serious form of assault that involves additional factors, such as the use of a deadly weapon or the intent to commit another felony. 

​

Definition of Aggravated Assault:

Aggravated assault occurs when a person:

1. Commits an assault: This involves intentionally threatening another person with violence and creating a well-founded fear that violence is imminent.

2. Uses a deadly weapon: A deadly weapon can be anything that can cause great bodily harm or death, such as a gun, knife, or even a blunt object, but without the intent to kill.

3. Or has intent to commit a felony: The person committing the assault intends to carry out another felony during the incident.

​

Penalties for Aggravated Assault:

Aggravated assault is classified as a third-degree felony. The potential penalties include:

Prison Time: Up to 5 years in prison.

Probation: Up to 5 years of probation.

Fines: Up to $5,000 in fines.

  
Mandatory Minimum Sentences:

If a firearm is involved in the aggravated assault, penalties can be enhanced.  

 

​

Defenses to Aggravated Assault:

There are several potential defenses to an aggravated assault charge, including:

Self-defense: Arguing that the defendant was protecting themselves or others.

Lack of intent: Claiming that the threat or fear of violence was not intentional.

False accusation: Proving that the accusations are false or that the situation has been misinterpreted.

No deadly weapon: Arguing that the object used was not actually a deadly weapon.

​

Aggravated Assault vs. Aggravated Battery:

It’s important to differentiate between aggravated assault and aggravated battery. While aggravated assault involves a threat of violence, aggravated battery involves actual physical contact and injury.

​

An aggravated assault charge is a serious offense and anyone facing such a charge should seek legal advice to navigate the complexities of the legal system.

​

If you are charged with Aggravated Assault contact our office.  Consultations are always free and always confidential.