Mississippi Criminal Law BlogAggravated assault is a very serious criminal charge. In addition to the possible criminal penalties, it can make it hard to pass a background check to get a job or find housing. When a person has been accused of this crime of violence, they are being accused of some type of crime against a person. However, the assault charge that the offender will be subject to will depend on the exact circumstances regarding the level of force used. Aggravated assault is a type of crime that is much more serious than simple assault. If you have been accused of aggravated assault, it is important that you do everything that you can to defend yourself from this accusation. Our attorneys at the Carmody Law Firm will work tirelessly to ensure that your rights are protected and that your side of the story is heard in court.
What Makes an Assault an Aggravated Assault?
In order for any offender to be charged with assault or aggravated assault, they do not have to have caused injury to another person. Instead, simply the behavior of causing sufficient fear that harm could or would be caused can constitute assault. The thing that differentiates assault and aggravated assault is the use or presence of a deadly weapon. It is possible for a person to be charged with aggravated assault even if they did not cause any physical harm whatsoever. What does need to have happened however, is for an offender carrying a deadly weapon to have caused fear for another person’s safety, or to have threatened a person with a deadly weapon.
Being accused of aggravated assault involving certain employees
In limited circumstances, it can be possible for an offender to be charged with aggravated assault even if they were not carrying a deadly weapon. This could be a situation in which a person assaults a police officer, fire fighter or a teacher. The law can be applied in this way when the offender was aware of the person’s status in society, and when the victim was on duty. It is possible to defend yourself in this situation by arguing that you were unaware of the person’s role or employment.
If you have been accused of aggravated assault, it is important to be aware that there are many options for a successful defense. By taking action as soon as possible and by hiring a qualified criminal defense attorney, you may be able to get your charges reduced or dismissed in court.
What is the Penalty if the Offender is Found Guilty of Aggravated Assault?
A person is guilty of aggravated assault if he or she (i) attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life; (ii) attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or (iii) causes any injury to a child who is in the process of boarding or exiting a school bus in the course of a violation of Section 63-3-615; and, upon conviction, he or she shall be punished by imprisonment in the county jail for not more than one (1) year for a simple assault or sentenced to the custody of the Department of Corrections for not more than twenty (20) years for aggravated assault.
What should an Offender do if they are being Charged with Aggravated Assault?
If you have been searching the Mississippi area for a qualified, experienced criminal defense attorney, look no further than Vic Carmody Jr., P.A. Over the years, we have helped numerous defendants pursue favorable outcomes. Although being accused of aggravated assault is not a pleasant experience, there are many potential defense strategies that can be used to defend and reduce the charges against an offender. Call/contact us today for your free consultation to learn more.
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