What Is Aggravated Assault?
When a punch or an intentional and harmful contact turns into aggravated assault the consequences become severe. No weapon is needed; however, serious or aggravated injury must result. The individual must not have the intent to commit great bodily or murder. Meaning that if an severely injures another, yet does not maintain the specific mental intent at the time of the crime the he or she is guilty of aggravated assault. An individual convicted of the crime will have a misdemeanor on his or her record and could spend up to 1 year in jail and/or fined up to $1,000.00.
In a general assault case, the evidence must show that the defendant intended to make contact. Meaning, negligent contact will not rise to the proper evidentiary level to prove that an assault occurred. A general assault (or assault and battery) conviction is a 93-day misdemeanor. This evidentiary idea holds true when dealing with aggravated assault as well, even though the injury inflicted is more severe.
A reader should also note the possible sentence enhancements for assault crimes, meaning that if the individual has prior assaultive criminal convictions their possible maximum sentence if convicted of the new crime can and will increase. Usually these can double a defendant’s possible maximum sentence depending on, but not limited to, the amount of prior convictions, the type of convictions (prior and present), circumstances of the case, and a defendant’s sentencing guideline score.
If you or someone you know is charged with this crime, you should contact an attorney immediately. There are possible defenses that can be used, case theories or possible motions that need to be filed in order to assist the defendant at trial. These cases will be fact specific and require a detailed oriented and driven individual. Contact Josh Jones today whenever you are charged with aggravated assault or any other criminal misdemeanor or felony here in the State of Michigan.
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