Augusta GA Criminal Defense Lawyer

Assault: Aggravated Assault and Simple Assault

Augusta GA Criminal Defense Lawyer

Often, the weapon used or the extent of the injury sustained will be the deciding factor in distinguishing aggravated from simple assault. A person need not harm someone for an assault to occur. An accused may commit an assault although he exerts no degree of strength or power when touching the victim. The force however must be offensive or an affront to an individual's dignity. A push or pinch may be sufficient to establish an assault.
The following factors play an important role in classifying assaults:
1. The type of weapon employed or the use of an object as a weapon
2. The seriousness of the injury
3. The intent of the assailant to cause serious injury
Aggravated Assault includes only the attacks using personal weapons such as hands, arms, feet, fists, and teeth that result in serious or aggravated injury. In order for an assault to meet the definition of an aggravated assault, the injury must be much more substantial. Any sort of injury that wounds, maims, disfigures or endangers the life of another meets the definition of an aggravated assault. Simple assault includes all assaults which do not involve the use of a firearm, knife, cutting instrument, or other dangerous weapon and in which the victim did not sustain serious or aggravated injuries. The application of force must be intentional. Accidentally hitting someone during the course of an epileptic seizure, for example, would not constitute an assault.
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Augusta GA DUI Lawyer - Evans GA Criminal Defense Attorney - Richmond County GA DUI

The Augusta Legal Center of Hawk and Detchemendy - DUI and Criminal Defense Attorneys - (706) 722-3500 - www.augusta-ga-dui.com

Attorneys Vic Hawk, Melissa Detchemendy, and Reid Sanders defend DUI cases and criminal cases in Georgia.