What Makes an Assault Crime Aggravated?

Jan 9, 2023 | Uncategorized

The subject of assault is a highly sensitive and very serious matter. A situation involving assault has the potential to permanently change someone’s life, end relationships, and cause serious and lasting physical injury and health issues.

The laws involving assault are often complicated to account for the various circumstances surrounding an incident, and its outcome. If you’ve been implicated in an assault scenario, it’s highly important that you fully understand the laws regarding what happened in order to know what to expect next.

What is assault in Arkansas?

The two terms “assault” and “battery” are often used interchangeably, but they have distinct meanings.

Assault is when someone causes another to fear immediate harm, or commits an action that places them in danger of harm.

Battery the term used when the action is committed and results in injury to the victim.

One example of assault would be purposely impairing someone’s breathing, causing them to fear serious injury or even death. Another example would be brandishing or displaying a firearm with the implication that it will be discharged, causing injury or death to the victim.

The important distinction between assault and battery is the actuality of the event. Assault deals with the threat of the event– someone being placed in danger or believing that they are about to experience injury. Battery deals with an event in which someone does experience injury.

What is considered aggravated assault in Arkansas?

Aggravated assault charges are more serious than standard assault charges, and face higher degrees of punishment and legal issues.

An assault crime is considered aggravated if the threat of danger or violence to the victim is severe– that is, if the person fears death or serious physical injury.

For example, threatening to kill someone while displaying a firearm is aggravated assault– the victim in this scenario is in danger and fears that they are about to be killed, or at very least severely physically injured.

Aggravated assault charges are treated more seriously depending on surrounding circumstances. Using a firearm to threaten someone is a pretty cut-and-dry example of aggravated assault.

Other situations that might be considered aggravated assault would be use of a weapon of any kind, determined by the amount of harm that the victim fears or is in danger of experiencing.

An assault scenario is also considered aggravated if it involves a vulnerable party like a child or elderly person.

Prior assault convictions may also influence an assault scenario to be considered aggravated assault.

What happens if I’ve been charged with aggravated assault?

The first thing you should do if you’re facing criminal charges of any kind is secure legal representation. When you are arrested, comply with law enforcement officers as much as possible– and definitely exercise your right to remain silent. 

Even the smallest comment could potentially be used against you in court, so keep it quiet.

Once you’ve secured an attorney, it’s time to discuss the situation with them at length. Be sure to give them as much information as possible to allow them to formulate a defense that will protect your legal rights and freedom.

An aggravated assault charge is serious, but it is very possible for a well-informed attorney to formulate a defense for you.

At Digby Law Firm, we’re here to fight fiercely for your rights in court, protecting you from unjust conviction and allowing you to return to your normal life. Our years of experience in courtrooms has prepared us to represent our valued clients. 

Give us a call today or reach out for a free consultation to get started.

Need Advise?

If you’re looking for a badass child custody lawyer in Arkansas, look no further! Just contact the Digby Law Firm and schedule your free consultation today.

What Should I Expect When Working with a Child Custody Lawyer?

If you and your ex can come to an agreement outside of court, the process will be less expensive, shorter, and less emotionally damaging for everyone involved. But if you do end up in court, the judge’s job is to decide which parent is more willing and able to care for the child(ren) – and that’s who will be given primary custody. If you wish it, and if you’re both deemed equally able, you may be granted shared custody. A badass child custody lawyer will make sure that the outcome is fair and that the proceedings don’t get out of hand.  

The length of time your case takes, visitation concerns and whether or not you qualify for child support vary from case to case. So be sure to ask your lawyer about anything you have concerns about.

In fact, a truly bad-ass child custody lawyer will welcome any and all questions. We want to make sure that you feel as comfortable and confident as possible – so here are a few to help you get started:

  • How many years have you been practicing?
  • What is your experience with cases like mine?
  • What is the most difficult part of my case?
  • What is the process for handling this case?
  • Will you handle my custody case, or will another attorney at the firm be handling it?
  • How will you keep me informed throughout the process?
  • Can I have a written copy of the fee agreement? 
  • Do you spend at least 90% of your time on family law/child custody cases?
  • How much will the legal representation cost?
  • Will I receive copies of all the documents pertaining to my case?
  • Will my calls be returned promptly?

A good lawyer will be able to answer all of these questions, and any others that you might have, clearly and in a way that makes you feel heard and comfortable. 

If you’re looking for a badass child custody lawyer in Arkansas, look no further! Just contact the Digby Law Firm and schedule your free consultation today.

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