The intent to cause serious bodily harm is the main difference between aggravated assault and ordinary assault. This crime can be charged with a first-degree felony, but it can also become a second-degree felony if it causes serious bodily harm to a public official, such as a police officer, or an emergency medical services provider. Here are some things to know about aggravated assault laws.
The victim must not be in contact with the defendants.
Even if the victim is not present, a court order stating that a defendant is prohibited from having contact with her is often granted. However, common misunderstandings about what is allowed and what is not are detrimental to the defense. First, it is important to understand that contact with a victim can only be initiated by the victim.
Often, a no-contact order can be violated by contacting the victim in another way, such as through the phone, through text messaging, or by sending a letter. However, in certain circumstances, such as if the defendant has an ongoing relationship with the victim, there are ways to get around the no-contact order. This can be difficult depending on the circumstances, especially if the victim is in a long-term hospital.
Must pay medical and counseling bills
The offender is responsible to pay for the victim’s medical care and counseling if the victim has been subject to sexual assault or aggravated attack for a specific period. The cost of a hospital stay cannot be billed to the victim, and it must be covered by the county where the offence was committed. Moreover, it is not necessary to file a report with law enforcement before receiving treatment.
Can be convicted even if the object was not a deadly weapon
In addition to the need to be a deadly weapon, an object used in an assault must also put someone else in danger. The question of actual danger is often raised in a case involving vehicle evasion. A finding of a deadly weapon is appropriate if the defendant’s vehicle puts another motorist in immediate danger, according to the Court of Criminal Appeals. Evidence that a motorist was in immediate danger, such as snapping a towel at one another, can be sufficient to establish that a dangerous object was used.
A common object can be considered a deadly tool, but the defendant must prove that it was intended to inflict serious bodily harm. A woman’s heel, for example, could be a deadly weapon if it was used to inflict serious injury. A car can also be considered a deadly weapon if it causes great bodily injury.
Can be convicted if object used was reckless behavior or sexual assault
Intoxication by alcohol or drug is defined as unclassified misdemeanors and can be dismissed from criminal proceedings. Other offenses include loitering on school grounds, public indecency, and eavesdropping. Creating or disseminating voyeuristic material or unsavory images is a class D felony. You can be punished with a fine or treatment, or both.