Aggravated assault, battery, and assault are violent crimes towards another person. They are crimes and can result in criminal charges and civil lawsuits from the victim. While this article will focus on aggravated assault, we will give the definitions of assault and battery and explain the difference between the three charges.
Aggravated Assault
Aggravated assault is a felony because it is assault with the intent to commit a crime like rape or assault with a weapon. In some states, it may be called assault with a deadly weapon.
Assault
Assault is very similar to battery, but the threat of harmful physical contact is often classified as assault too. Assault requires the victim to fear that they will suffer physical harm.
Battery
Battery is consensual harmful contact with another person. It may not result in injury, but the intention is to harm or offend the other person.
Legal Definition of Aggravated Assault in California
Aggravated assault in California is a severe assault, often with the intention to seriously injure the victim or commit another crime.
Here are some examples of what can be charged as an aggravated assault in California:
- Assault with the intention to seriously injure someone
- An assault that results in serious injury
- Acid attacks or assaults with other harmful chemicals
- Assault with a firearm
- Assault with a deadly weapon
- Assault with a deadly weapon on a school employee
- Threatening to kill someone while pointing a gun at them
- Shooting someone
- Hitting someone with a weapon
- Threatening to hit someone with a weapon
- An assault or threat of assault that happens while they are concealing their identity
- Assault against protected classes like elderly people, social workers, medical professionals, developmentally disabled person, or police officer
- Assault while attempting to commit a felony
Elements of an Aggravated Assault Charge
In order to convict someone of aggravated assault, the prosecutor must prove the following elements beyond a reasonable doubt:
- The defendant physically attacked the victim or threatened to physically attack the victim
- The defendant’s actions fit the definition of an aggravated assault (i.e. There are elements that make the assault aggravated)
Legal Defenses Against Aggravated Assault Charges
If you have been charged with aggravated assault, you need to seek the help of an attorney immediately. They will be able to review your case and see if the elements of aggravated assault are present and how to best defend you.
The most common legal defenses to aggravated assault are:
- There was no assault; therefore, you cannot be charged with aggravated assault
- You acted in self-defense or the defense of another
- You were falsely accused of aggravated assault, and another party is responsible for the aggravated assault
Your criminal defense lawyer will be able to advise you on the best legal defense based on the evidence against you and the circumstances of the case.