An "aggravated assault" is an assault:
(1) with a deadly weapon without the intent to kill; or
(2) with an intent to commit a felony.
Whoever commits an aggravated assault is guilty of a felony of the third degree, punishable by up to five years in prison. All of the elements of simple assault are also the essential elements of aggravated assault. Thus, an element of aggravated assault, as well as simple assault, is a well-founded fear by the alleged victim that violence is imminent, and a conviction of aggravated assault also requires proof of a specific intent to do violence to the person of another. As in the case of simple assault, however, neither physical contact nor a wounding is an essential ingredient of aggravated assault.
Sometimes, evidence of a defendant’s prior violent behavior toward the victim is relevant to prove his or her intent to commit the crime of aggravated assault. Aggravated assault can be committed by an assault with a deadly weapon, without the intent to kill. The gist of the crime of aggravated assault based on the use of a deadly weapon is not the intent with which the crime is committed but, rather, the character of the weapon with which it is committed. An aggravated assault based on the use of a deadly weapon may be committed without a battery or a wounding. Although the crime of aggravated assault can be proven without evidence of a discharged firearm, the crime can also be committed by shooting a firearm.
An assault with intent to commit a felony is an aggravated assault. The statute so providing is very comprehensive and includes assaults made with an intent to commit any felony, including assault with the intent to murder or kill, assault with intent to rob, and assault with intent to rape. Unlike aggravated assault based on the use of a deadly weapon, the intent with which the assault was made is the gravamen of the offense under the statute making assault with intent to commit a felony a crime. Since intent to commit a felony is an essential element of the offense, the intent charged must be proved by some utterance or some act or conduct evidencing it and may be proved by either direct or circumstantial evidence.
Anyone can accuse you of committing aggravated assault solely on their word. Erick Cruz knows that there are many aspects that can lead to having your case dismissed or having the charges and sentence reduced. You need competent and experienced representation to get you the result you want. Erick has successfully represented individuals accused of aggravated assault. Erick is uniquely capable of closely examining and scrutinizing the investigation and looking for deficiencies in the investigation and violation of your rights. A reoccurring issue in aggravated assault cases is your accusers have ulterior motives to levy these accusations. Erick will unearth your accuser’s motives and reasons to fabricate their allegation. He will present these motive to the to the court in an effort to get your case dismissed, charges or sentence reduced and your arrest record sealed or expunged.
Call Erick to discuss your case and learn how he can defend you and get your case dismissed, charges or sentence reduced and arrest record sealed or expunged.
