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Understand the basics of aggravated assault charges

On Behalf of | Jul 24, 2020 | Criminal Defense

Assault charges can have a deep impact on people’s lives. However, people may face more serious consequences if they commit an aggravated assault.

People face assault charges if they either threatened or tried to harm another person. FindLaw says that a charge of aggravated assault depends on the details of the incident.

Factors concerning the victim

A simple assault can become an aggravated assault if the victim incurred severe injuries. These injuries might cause disfigurement or maiming. Wounds that may result in death also fall into this category.

Additionally, members of law enforcement, emergency rescue services and public servants have protected status. If people assault someone in these professions, then they commit aggravated assault. This is the case even if the person did not sustain serious injuries.

Factors concerning the defendant

People may face aggravated assault charges if their behavior during the incident was reckless. Lack of concern for human life may also result in this charge. Additionally, the offense becomes more serious if someone intended to make people afraid or meant to inflict a severe injury.

Aggravated assaults may also involve a deadly weapon. People do not need to use the weapon to face aggravated assault charges. This is because the presence of a deadly weapon can cause people to fear for their safety, increasing the severity of the offense.

Penalty for aggravated assault

Texas law outlines more guidelines concerning aggravated assault. According to Texas.gov, people may commit aggravated assaults if they retaliated against public servants who were performing their legal duties. People may also commit this offense if the victim is pregnant. Prior assault charges may also result in more serious charges.

Texas law usually considers assault to be a Class C misdemeanor. However, if the victim has a disability or is elderly or pregnant, the offense may become a Class A misdemeanor. People may face third-degree felony charges if they intend to cause serious harm or if the assault targets a member of law enforcement or other public servants.