Which is worse simple assault or aggravated assault?
Assault is less serious than an aggravated assault charge and could result in minor injuries or just a threat of violence. Aggravated assault involves more serious circumstances including the intent to seriously harm another person or the use of a weapon during a threat of harm.
Is aggravated assault a felony?
Aggravated assault is a third-degree felony. This means that the court can sentence you to a maximum of five years’ imprisonment or five years of probation, as well as a maximum $5,000 fine. Even if you are a first-time offender, there is a real possibility that you will go to prison.
What happens when victim doesn’t press charges?
If the victim refuses to cooperate, the prosecutor could choose to drop the charge. If a victim refuses to testify in court, the prosecutor can subpoena the victim. If the victim ignores the subpoena, the prosecutor could file a motion with the court requesting a bench warrant for the victim’s arrest.
Is it aggravated assault, simple, or self defense?
Sometimes in cases where someone gets accused of aggravated assault, they claim self-defense. This may be appropriate given the situation, but they may also be incorrect (or untruthful) with that claim. Because of this, it’s important to know the nuances of the two.
Is pushing someone considered simple of aggravated assault?
Simple and Aggravated Assault Simple assault, usually charged as a misdemeanor, is the least serious form of assault. It involves minor injury or a limited threat of violence. In states where assault is a physical attack, pushing someone or slapping someone in an argument are instances of simple assault.
How does assault and aggravated assault differ?
The biggest difference between simple assault and aggravated assault is that simple assault or domestic assault (if a domestic relationship is involved) are both treated as misdemeanors and are punishable by 11 months and 29 days while aggravated assault is a felony that carries a sentence of up to 6 years.
What does aggravated assault actually mean in criminal cases?
Aggravated Assault Assault is a criminal action in which one person believes they are in eminent danger, the actions of the defendant (or tortfeasor) are intentional, and the plaintiff or victim of the assault perceives there could be immediate physical contact with the tortfeasor or aggressor.