Aggravated Assault: Why Is It Criminal?

Aggravated assault is defined as attempting to give serious injury to the body of a person. Hurting a person physically with the intent to rape, kill or maim is also considered as aggravated assault. Injuring or attempting to injure a person with the use of a deadly weapon is grounds for aggravated assault too.

The main difference between aggravated assault and simple assault is 'intent'. If the intent is just to give a threat or to frighten another person of the probability of being hurt then that would be just a simple assault. If the intent is not just to frighten a person but to kill, rape, or maim a person then that would be aggravated assault.

For example, two guys started to have a verbal fight when suddenly one of the guys stands up and acts as if to punch the other guy with the intent of just to instill fear or cause apprehension then that would just be a simple assault. Now with the same scenario but this time the guy takes out a knife and tries to stab the other guy with the intent of killing him, then that would be aggravated assault.

Can A Simple Assault Turn Into An Aggravated Assault?

There are situations wherein a simple assault can turn into an aggravated assault. Simply threatening a person with words and action to instill fear of bodily injury would be guilty of simple assault. But this simple assault can turn into an aggravated assault if the threats to cause apprehension is done to a law enforcement officer especially when in duty and in uniform.

A simple assault can also turn into an aggravated assault if it’s done to a fireman on duty and a person engaged in medical aid or emergency first aid. Threatening to cause bodily harm to a Supreme Court Justice or judge of the tax court can be considered as an aggravated assault.

Punishment For Persons Found Guilty With Aggravated Assault

Since aggravated assault is a felony, the basic penalty for such crime is 1 to 20 years of imprisonment. There are special cases though when punishment for aggravated assault would differ. When found guilty with aggravated assault on a law enforcement officer on official duty would have the penalty of 5 to 20 years in prison.  

Aggravated assault committed to a 65 year old person would have 3 to 20 years in prison. The usage of firearm against a student or a teacher would have the penalty of 5 to 20 years in prison. Discharging a firearm toward a person while inside a moving motor vehicle would have the penalty of 5 to 20 years.

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