If you have been charged with aggravated assault, you have come to the right place. Aaron J. Boria has extensive experience with this charge. To be convicted for aggravated assault, the prosecution must prove beyond reasonable doubt the defendant did in fact assault an individual and that the assault caused serious or aggravated injuries. These injuries are physical in nature, not emotional.
The Aggravated Assault charge must NOT have been committed with a weapon (If a weapon was involved click here for felonious assault). It must also NOT have been committed with the intention of causing great bodily injury or murder. Great bodily injury of GBI requires the prosecutor to show the injuries were serious enough to go beyond the level of cuts and bruises that may require medical attention. GBI’s are serious enough to possibly cause death. Serious or aggravated injuries do not rise to this level.
If this offense is committed by use of hands and without the use of a weapon, the defendant could be charged with a simple assault and battery charge or aggravated assault.
The punishment for such a charge is a misdemeanor offense. The punishment for a misdemeanor offense is less then one year of jail time or less then a $1,000 fine, or both.
A misdemeanor offense applies if the aggravated assault was committed against a person you are currently married to, currently in a dating relationship, currently living with in the same household, or have a child with. This charge also applies to an ex-spouse, an ex-dating relationship, or former housemate. A more common name for this type of crime domestic violence.
While it is often difficult to determine the meaning of a “dating relationship,” the state defines it as a frequent intimate association mostly concerned with an affectionate involvement. It involves a level of exclusivity and not a casual hook up.
If you have one or more prior convictions for assault and battery or aggravated assault against a person you are currently married to, currently in a dating relationship, currently living with in the same household, or have a child with, you may be charged with a felony. This also applies to an ex-spouse, an ex-dating relationship, or former housemate.
Felonies of this type of crime are also common when there is cuts, bruises, blood, etc.
The punishment for a felony charge is no more then 2 years in prison or a fine of not more then $2,500, or both.
If the aggravated assault was committed with the intent to do great bodily harm less then murder, the offense is a felony. This carries a punishment of in prison of no more then 10 years or a fine of no more then $5,000.
Defenses to the charge are if the defendant acted in self defense or defense of others.
If you have been charged with aggravated assault or for or another crime, contact Aaron J. Boria, PLLC. Aaron Boria is a criminal defense attorney in Southeast Michigan that will fight for your rights. Call today for a free consultation (734) 453-7806.