Legal Definitions - aggravated assault

Aggravated assault refers to a more serious form of assault that involves circumstances making the offense particularly severe. The key distinguishing factor is typically the intent to cause, or the actual causation of, serious bodily injury to another person. It can also involve the use of a deadly weapon or occur during the commission of another crime.

Unlike a simple assault, which might involve minor harm or the threat of harm, aggravated assault requires a higher degree of injury or a greater potential for harm. It is considered a "general intent" crime, meaning the prosecution usually needs to prove that the individual voluntarily committed the physical act that led to the serious injury, or acted with reckless disregard for the safety of others, rather than proving a specific intent to violate the law or achieve a precise outcome. The specific elements and penalties for aggravated assault can vary significantly depending on the jurisdiction and the specific circumstances of the case.

• Example 1: Use of a Deadly Weapon Causing Serious Injury

  During an argument at a party, one individual picks up a heavy glass bottle and strikes another person in the head, causing a severe concussion, a deep laceration requiring numerous stitches, and permanent scarring.

  How it illustrates the term: This scenario constitutes aggravated assault because a deadly weapon (the heavy glass bottle) was used, and it resulted in serious bodily injury (concussion, deep laceration, permanent scarring). The act was intentional and caused significant harm beyond what would be considered simple assault.

• Example 2: Serious Injury During Another Crime

  While attempting to steal a car, a thief is confronted by the car's owner. In an effort to escape, the thief shoves the owner forcefully, causing them to fall backward and break their arm and suffer a fractured collarbone.

  How it illustrates the term: Here, the assault is "aggravated" not only because it caused serious bodily injury (broken arm, fractured collarbone) but also because it occurred during the commission of another crime (car theft). The act of shoving, leading to severe injuries, elevates it beyond a simple assault.

• Example 3: Intent to Cause Severe Harm with a Dangerous Instrument

  Following a heated dispute, a driver intentionally swerves their vehicle into another car on the highway, causing the other vehicle to spin out of control and crash into a barrier. The occupants of the second car sustain multiple broken bones, internal injuries, and require extensive hospitalization.

  How it illustrates the term: This is an aggravated assault because the driver intentionally used their vehicle as a dangerous instrument to cause severe physical harm. The resulting injuries (multiple broken bones, internal injuries, extensive hospitalization) clearly meet the threshold for "serious bodily injury," demonstrating the heightened severity required for this charge.