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Prosecutors take assault charges seriously, and a conviction can lead to jail time. A seasoned criminal defense attorney can fight the case to protect your rights.

Aggravated assault is a violent felony offense. Conviction can result in a substantial jail sentence and expensive fines. You should retain an experienced Aggravated Assault Attorney as soon as possible.

Self-Defense

If you are charged with aggravated assault, the first thing to do is hire a criminal defense attorney who will fight to protect your rights in court. Your lawyer will review the evidence to determine any valid defenses. They will also work to collect evidence, such as surveillance footage and witness statements, to support your case.

Since aggravated assault involves serious bodily injury, the prosecution has a high burden to prove your guilt beyond a reasonable doubt. An experienced criminal defense attorney will be able to utilize various defense strategies, such as self-defense, to keep the prosecution from meeting this burden. For example, a defendant can use the defense of self-defense to argue that they believed that their actions were necessary to avoid physical harm or death. Medical records can help prove this claim, as well as any inconsistencies in eye-witness testimony. Ultimately, your criminal defense attorney will be able to build the strongest possible case on your behalf.

Intentional Infliction of Harm

Unlike some other levels of assault where the prosecution only needs to prove that the defendant was reckless or criminally negligent in causing an injury, for second degree and third degree aggravated assault convictions they must also show that the defendant specifically intended to cause serious bodily harm. This is a very high standard and it is important to hire a criminal defense attorney who is knowledgeable in this area of law and has experience defending against these charges.

An injury is deemed to be serious bodily harm if it causes long-term disfigurement, organ damage or severe health problems. It can be any kind of physical injury. A deadly weapon is any object or substance that could cause death or serious impairment. It can be anything from a gun to a nail or even an object that is likely to lead to serious harm or death such as an explosion or fire.

Many states have laws that increase the penalties for assaults on certain people, such as police officers, judges or teachers or when they are performing their official duties. If you are charged with assault in the second degree you might have to pay restitution to your victim.

Assumption of Risk

Assumption of risk is a legal doctrine that prevents a plaintiff from recovering compensation for injuries caused by the defendant’s negligence when they engage in a dangerous activity. The defendant must either expressly assume or implicitly accept the risks associated with the activity before they participate. This defense is often used in premises liability cases involving “no trespassing” signs, activities that involve dangerous chemicals or substances, waiver and release provision disputes, and extreme sports or recreational activities.

However, this defense does not apply to activities that are not normal for the activity. For example, a recreational flag football player does not reasonably expect to get punched by another player during the game. Also, assumption of risk does not apply if the defendant’s actions are more dangerous than those inherent to the activity. This would include gross negligence or recklessness. Also, the defense cannot be used in cases where a deadly weapon is involved. This includes guns, knives, and any instrument that could cause serious injury or death.

Intent to Commit a Felony

A conviction for aggravated assault can have serious consequences, including imprisonment. It can also damage your reputation, interfere with child custody or visitation rights and could cause you to lose your job. It is therefore essential that you seek the guidance of a criminal defense attorney as soon as possible.

Your criminal lawyer can challenge evidence and cross-examine witnesses in an attempt to rebut the prosecutor’s case. He or she may be able to convince the jury that you did not intend to inflict serious harm or that you were acting with provocation.

It is important to remember that prosecutors must prove that you intended to cause the specific injuries listed in your charge beyond a reasonable doubt. This is a high burden to meet, and your criminal defense attorney will do all they can to make the prosecution’s case as difficult as possible. The result could be that your charges are downgraded to a misdemeanor or dismissed.