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A Closer Look at Aggravated Assault

For many Americans, the only exposure they have to terms like “assault” and “aggravated assault” is on primetime legal dramas. While these shows are entertaining, they are not always the most specific or true-to-life in their description and use of legal terms. Most of us know aggravated assault is a more serious charge than assault, but what exactly does it mean?

Difference between Assault and Aggravated Assault

Both of these terms refer to an instance in which an individual threatens another in a way that the victim believes that he or she could suffer serious physical harm. However, the difference between the two terms is that simple assault means that the attack or threat was performed without a weapon or with a non-deadly weapon, while aggravated assault involved the use of a deadly weapon. Some of the weapons that could result in an aggravated assault charge include:

  • Baseball bat or other blunt object
  • Axe
  • Razor
  • Knife
  • Gun

In the eyes of the law, there is an assumption that the choice of weapon reflects the amount or level of harm that the defendant wished to inflict. While both of these are serious charges, a conviction for aggravated assault usually carries more severe penalties.

Contact Us

Both assault and aggravated assault are tough charges to fight. Contact a San Jose criminal attorney at the Law Office of Daniel Jensen, P.C., by calling (408) 296-4100 today. Our experienced attorneys are ready to fight to protect your rights and interests.

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