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When does an assault charge become aggravated?

| Jun 20, 2019 | Firm News

Most Florida residents find themselves in heated moments from time to time. You may have had an argument with a friend or co-worker, or you may have even found yourself sleeping on the couch after a fight with your spouse. In these situations, you likely had the ability to find a resolution after everyone calmed down.

Unfortunately, not all altercations reach the point of calming down before they become physical. If you wound up in a fight with someone and the situation escalated, authorities may have come to the scene. If so, you could wind up facing serious criminal charges, including aggravated assault.

When do aggravated charges apply?

You likely did not anticipate the ordeal escalating into such a serious altercation. Nonetheless, you may still have looked like a suspect when authorities arrived at the scene. If any of the following circumstances applied to the incident, officers may charge you with aggravated assault:

  • If the other person involved in the altercation was a teacher, police officer, firefighter or person with another respectable profession or a protected class, you could face more serious charges.
  • If the other person suffered severe injuries as a result of the altercation, you could face an enhanced charge.
  • If authorities believe that you used a deadly weapon or a weapon in a potentially deadly manner, it is likely for aggravated allegations to apply.
  • If investigators suspect that you had the intention of causing serious harm or that you wanted the other person to fear that you would cause serious harm, this charge could come about.
  • If you acted in a reckless manner that indicated an indifference to human life, authorities may also utilize an aggravated assault charge.

As you can likely tell, the details of your exact predicament can play a significant role in the charges brought against you. As a result, it is likely in your best interests to thoroughly review the incident that led to the charges.

What are your defense options?

The exact criminal defense options that apply to your case will depend on the specific circumstances of the situation. Working with an attorney could allow you to gain experienced insight into the details of the altercation and into what steps you could take to combat the aggravated assault charges you face. In some cases, information about the event itself could give cause for a reduction of charges or even to have allegations dropped completely. However, a strong argument for such outcomes is needed.