Defining Aggravated Assault

Aggravated assault is more serious than simple assault. A person is guilty of aggravated assault when they have physically attacked another person to such a degree as to cause serious bodily harm and/or is committed with a deadly or otherwise dangerous weapon such as a firearm, knife, sword, ax, hammer or other blunt instrument. Aggravated assault is frequently committed in connection with other crimes such as torturing or raping somebody during a kidnapping, striking a clerk in the head with a gun during a liquor store robbery or beating up a person while burglarizing them.

When there is a weapon used in the commission of the crime, it is not necessary for serious bodily injury to take place. As long as the weapon was used in the assault, such as a gun or knife etc., then the suspect can be charged with aggravated assault. When a person uses a weapon, it is assumed that they willingly and knowingly used that weapon against another person with the intent to cause serious bodily harm, or even murder in some cases. Because of this, aggravated assault is punished more seriously than a "simple" assault. If you have been charged with aggravated assault, you should secure representation from a Irvine criminal defense attorney right away.

Penalties for Aggravated Assault

Aggravated assault, also called assault with a deadly weapon (ADW) is a "wobbler" in the state of California. This means, depending on the facts surrounding the case, aggravated assault or ADW can be charged as either a misdemeanor or a felony offense. If you are convicted of a felony, then it will count as a "strike" on your criminal record. Depending on the severity of the crime, a defendant may face up to 1 year in a county jail and a $10,000 fine or anywhere from 2 to 4 years in state prison and a maximum $10,000 fine. If you have prior felonies on your record and you're charged with a felony, then you are facing sentence enhancements. Also, if you committed the assault against a police officer, a child or an elderly victim, then you are facing additional sentencing as well.

If you have been charged with aggravated assault, contact a Irvine aggravated assault defense attorney from The Law Offices of Virginia L. Landry today!

Contact a Irvine aggravated assault lawyer from our firm for a free initial consultation.