My research has shown that aggravated assault in Lexington, Kentucky, can result in misdemeanor or felony charges. This could potentially lead to an arrest. Penalties include jail time, fines, and compensation. A conviction could permanently damage personal and professional lives. To fight your case, I would advise that you contact an experienced attorney immediately.
However, you don’t have to handle it alone or worry about the legal elements. You should also be aware of your legal alternatives. The only person who can provide trustworthy advice is an attorney specializing in aggravated assault. As a defense attorney, I have dealt with aggravated assault charges. I have successfully defended people charged with aggravated assault. Having had a lot of first hand experiences in coming up with defenses in aggravated assault charges, I shall provide further details in the course of this article.
What Is Aggravated Assault?
I am aware that differentiating between terminologies like “aggravated assault” and “battery” when discussing assault can be confusing. When there is an attempt to seriously injure someone while showing no concern for human life, it is considered an aggravated assault. Aggravated assault is defined and distinguished by the intent underlying the conduct.
However, I have come to discover that one of the most prevalent categories of violent crime in the US is aggravated assault, according to the FBI and the Bureau of Justice Statistics (BJS). In 2019, there were 250 cases of aggravated assault for every 100,000 people in the United States. This number keeps increasing by the day. You should note that aggravated assault can take several forms.
- Assault with the intention of killing
- Assault to commit a crime
- Assault that causes severe physical harm to oneself
- Using a lethal weapon in an assault
While I am aware that most jurisdictions follow the U.S. Code, certain states in the U.S. have their own laws and punishments pertaining to the offense of aggravated assault. Aggravated assault charges may also arise from assaulting a police officer or other public official. Having defended some persons charged with assaulting a police officer, I highly recommend avoiding situations that would cause a charge of that nature to be brought against you. However, where such situations may arise, ensure you have sufficient evidence to the contrary, or an eye witness to rebut the charge.
The Aggravated Assault Penalty: What Is It?
Various types of more serious or aggravated assault have varying punishments at the federal level. For example, the U.S. Code states that you may be subject to a fine or a maximum 10-year jail sentence for “assault resulting in serious bodily injury,” and that you may be subject to a maximum 20-year prison sentence and fine for “assault with intent to commit murder.”
Nonetheless, state-level courts are typically the venue for arguing severe assault charges, and the consequences can differ. Aggravated assault charge, when proved, carries a range of punishments, from fines of $150–$500 and four months to a year in county jail to fines of up to $10,000 and up to 15 years in imprisonment. I have been in Court where a person was sentenced to 5 months imprisonment for aggravated assault without an option of fine. Generally speaking, any of the following could be punishment for aggravated assault:
- prison term
- probation
- electronic observation
- penalties
- required education in anger management
- reimbursement to the injured party
- loss of the ability to possess or own a weapon or firearm.
Is an Aggravated Assault Charge a Felony or Misdemeanor?
My answer to this question is dependent upon the circumstances and the state in which the alleged conduct took place. For instance, aggravated assault is a third-degree felony in the state of Florida. In addition to a $5,000 fine. Aggravated assault convictions in Florida carry sentences of up to five years in jail or five years on probation. If a firearm is discharged during the commission of the relevant offense, the penalty is more severe, and a required 20-year jail sentence results.
This is not the case in California as I have discovered in the course of my research. Aggravated assault is sometimes referred to as a “wobbler” charge in California since the severity of the incident determines whether it is classified as a misdemeanor or a felony. In California, felony aggravated assault has a maximum four-year sentence in state prison; misdemeanor aggravated assault carries a maximum one-year jail sentence.
Common Defenses Against Aggravated Assault:
These are some of the defenses available in severe assault allegations which have been used by me in court while defending accused clients:
- Allegations of acting in protection of oneself or another person
In some situations, defending one’s house could also be a good defense (particularly in certain amenable jurisdictions). This defense completely exonerates an accused person. On few occassions where I used this defence and was able to successfully prove same, my clients were discharged. - In many violent assault instances, insanity may also be a strong defense in court, especially if the accused has a history of mental illness or erratic behavior. I do not advise my clients to use this defense unless I am certain they have been medically certified insane. This is because this defense does not exonerate an accused person from the crime. It merely provides a medical reason why the accused person should not be punished despite the commission of the crime. In most cases, the judge sends the accused person to a psychiatric home.
- In select, extremely specific situations, consent may also be a mitigating factor if there is proof that the physical altercation in question was consensual, such as when it was a part of a sporting event (such as boxing or rugby).
In addition, if there is inadequate proof to support your allegation that you were not only not there during the assault but also not its perpetrator, you may be able to rebut the false accusations.
Is Legal Help for Aggravated Assault Necessary?
You should speak with a criminal defense attorney with experience in assault charge defense if you are facing allegations of aggravated assault. As charges of aggravated assault frequently result in felonies, you need to treat these accusations carefully. I have seen cases where the accused person chose to defend himself and failed and was consequently sentenced to some time in prison. Due to the complications in the criminal justice system, I know it can be challenging for someone without legal skills to get the same outcomes as a skilled lawyer. A criminal defense lawyer such as myself can help you in several ways, including:
- Describing the charges against you and giving you a realistic assessment of the possible repercussions
- Looking for any mistakes or discrepancies in the police report that could help your case
- Opposing the insertion of evidence that was obtained unlawfully
- Assisting you in making connections with resources that might lessen the effects you might experience
- Acting as a go-between for you and the legal system
The criminal justice system takes violent crimes very seriously; therefore, having a lawyer by your side to defend your rights is crucial.
