Getting charged with a crime can have long-lasting
consequences on your personal, professional, and social life. Those
consequences are amplified exponentially when the charge is something as
serious as an accusation of assault. If you’ve been charged with an assault
crime, it’s imperative that you hire a Houston assault attorney to help resolve your
case, whether it’s clearing your name or helping you avoid inflated punishments
that will keep you from starting over and putting your life back in order. In order
for you to understand your charges, the following review explains the
differences between two major forms of assault.
Understanding Assault and Battery
Most laws understand assault to mean an intentional threat
to another person’s physical safety, whether it’s carried out or not. The mere
threat to a person’s safety is enough to constitute charges of assault (which
also helps policemen and other law enforcement officers to intervene without
waiting for an actually injury to take place). The fear or threat of physical
harm has to be grounded in evidence that the perpetrator clearly intended to
harm the other person, most often through physical gestures, violent and
aggressive approaches, or failed attempts to harm someone (for example, when
the victim escapes). Battery technically means that an actual blow took place;
therefore, when contemporary law refers to “assault and battery,” it’s an
assault where actual physical contact and harm took place.
Understanding Aggravated Assault
Aggravated assault is more serious than assault. Most laws
define aggravated assault as a threat to harm another person with something
dangerous like a gun, or with the intent to commit serious crimes, like rape.
Sometimes, it can be classified as “aggravated assault” if the victim belongs
to a protected category, like the elderly, the young, and the mentally ill.
Typically, aggravated assaults classify as felonies, while simple assaults are
typically misdemeanors. Individuals can be charged with assault and battery or
aggravated assault even if violence occurs from the other side. Simple charges
may result in fines and jail time, while more serious charges can result in far
graver consequences. If you have questions about your particular case, you
should contact a Houston assault attorney immediately.
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