Unfortunately, aggravated assault cases occur all too frequently in Tennessee and in other parts of the United States. Aggravated assault occurs whenever a person attempts to cause significant bodily harm to another individual without regard for human life. These assaults are often classified based on the intent of the perpetrator, the nature of the victim’s injuries and whether a weapon was used in the incident. In many instances, serious aggravated assaults are considered to be a felony. In less extreme cases, assaults may be classified as misdemeanors.
In criminal defense cases involving aggravated assault, the identify and status of the victim may be examined. For example, the assault of a public servant, like a firefighter or police officer, may be deemed more serious since the perpetrator must have been familiar with the victim’s identity beforehand. Assaults inflicted based on religion, sexual orientation, race or disability may fall under the umbrella of a hate crime too.
With an aggravated assault, the seriousness of the injury will vary. In most states, any assault that causes significant bodily harm may qualify as an aggravated assault. If a perpetrator commits an assault that would normally cause serious bodily injury, but the victim only suffers a minor injury, the court may consider the incident to still be deemed an aggravated assault.
An aggravated assault charge can be extremely frightening and overwhelming to navigate for both the accused party and his or her loved ones. Not all aggravated assault cases are the same, and examining all the facts involved in each case is necessary for creating a successful defense. Individuals who are facing aggravated assault charges should consider consulting with a criminal defense attorney who may be able to help explain the details of state statutes and develop a potential defense.