Aggravated Assault

In common law, assault is an act which causes a person to apprehend immediate unlawful person violence.An assault is carried out by a threat of bodily harm coupled with an apparent, present ability to cause the harm. It is both a crime and a tort and, therefore, may result in either criminal and/or civil liability. Generally, the common law definition is the same in criminal and tort law. There is, however, an additional criminal law category of assault consisting of an attempted but unsuccessful battery. The term is often confused with battery, which involves physical contact.
Posts about Aggravated Assault
  • Degrees of Felonies and the Consequences

    …. An example of a capital felony is capital murder. Although capital murder and first-degree murder crimes are similar, the difference is based on case-specific circumstances. The state must prove that the defendant committed the crime, and that the killing with done “intentionally,” with premeditation, and with “reckless disregard” for life. Examples…

    The Law Office of Matthew D. Sharp- 17 readers -
  • What’s the Difference Between Battery and Assault?

    … involves using or displaying a deadly weapon can be upgraded to an aggravated assault charge. This is a second degree felony charge, which is punishable by: Two to 20 years in state prison A fine of up to $10,000 Committing aggravated assault against a public servant, or an act of aggravated assault committed by a public servant while on duty, can…

    Matthew Sharp/ The Law Office of Matthew D. Sharp- 22 readers -
  • Texas Laws Regarding Threats

    … circumstances can enhance the potential penalties for a threat. For example, a person who threatens their neighbor while waving a gun may be charged with aggravated assault. This applies even if the gun is unloaded and no physical contact occurs. Also, a person who threatens a peace officer, elected official or who threatens a large group of people…

    Matthew Sharp/ The Law Office of Matthew D. Sharp- 23 readers -
  • Hate Crime Laws in Texas

    … of their status. For example, if a person approaches a random stranger on the street and picks a fight, the aggressor may be charged with disturbing the peace and aggravated assault. However, if the aggressor is a Neo-Nazi who picks a fight with an African-American, there may be grounds to label the assault as a hate crime. A hate crime can take many forms…

    Matthew Sharp/ The Law Office of Matthew D. Sharp- 31 readers -
  • Restraining Order Florida Law

    … of domestic violence; The Petitioner only needs to allege one (1) act of domestic violence or explain why he or she is in imminent danger of becoming a victim of domestic violence; Repeat Violence Restraining Order Florida Statute 784.046 creates a cause of action for repeat violence injunctions; A Petition for Protection Against Repeat…

    Michael Dye/ Fort Lauderdale Criminal Attorney- 42 readers -
  • Simple Assault: Not So Simple Consequences

    … to break a bone or be hospitalized may be upgraded to aggravated assault. Using a deadly weapon during an assault can also lead to aggravated assault charges. Legal Penalties In Texas, a conviction for simple assault is a serious matter. If there are no aggravating factors, a conviction for a simple assault can lead to conviction on Class C…

    Matthew Sharp/ The Law Office of Matthew D. Sharp- 26 readers -
  • Assault and Battery | What is the Difference?

    … law did not have published statutes and rules, but rather relied almost exclusively on custom and prior judicial decisions. Louisiana is the only state that does not use English Common Law. The United States purchased the land, including what is now known as the State of Louisiana, from France in 1803. Not surprisingly, this real estate deal…

    Michael Dye/ Fort Lauderdale Criminal Attorney- 34 readers -
  • Sexual Assault: What Makes This Offense “Aggravated?”

    … Sexual assault can be devastating, both for the victim and the perpetrator if charges are brought against him or her. False allegations can also be very damaging, even if they are ultimately withdrawn or dismissed by the court. Knowing the difference between a regular sexual assault and an aggravated sexual assault can help you come to terms…

    Law Office of James Alston- 23 readers -
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