Difference Between Aggravated Assault and Simple Assault
When it comes to dealing with crimes that involve assault, it can get confusing. There are various types of cases that deal with assault. Below we’ll discuss the difference between aggravated assault and simple assault so you can get a better understanding of the two.
Assault is defined as any crime that involves a physical attack. This can include even a threat of a physical attack on a person. The varying level of seriousness of the attack is what determines its classification. The more dangerous the weapon used, the more dangerous the act of assault is classified. It’s also important to note that assaults don’t always have to be one-sided. Even if two people mutually agree to fight, one can still be charged with assault of the other with the help of a personal injury lawyer.
Our Los Angeles assault and battery lawyers handle tons of simple assault cases each and every year. Anything that instills a reasonable fear of immediate bodily harm can be classified as a form of assault. Most states will classify assaults into two different categories, these include simple and aggravated. When there is an absence of severe factors, the crime tends to be classified as simple assault.
This is considered a misdemeanor charge. There are three different levels of misdemeanors for simple assault in most states. The first degree simple assault misdemeanor happens when bodily injury is done to a child under the age of 12 by an adult. A second degree misdemeanor happens when there is a simple assault between adults. Lastly, a third degree misdemeanor is commonly given when two adults consent to a fight and one is charged with assault. Most of these misdemeanors are general rules of thumb and our Los Angeles assault and battery attorney can help you get a charge of a lesser degree.
Aggravated assault is considered a felony offense. It’s defined as committing assault with a weapon or with the intent to inflict serious harm on an individual. For example, rape may be classified as aggravated assault. Many states will define the weapon in the assault charge instead of just simply stating aggravated assault. An example would be assault with a deadly weapon. Our knowledgeable assault lawyer Los Angeles will be able to define the type of assault that happened.