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Simple English definitions for legal terms
aggravated assault
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A quick definition of aggravated assault:
Aggravated assault is when someone hurts another person very badly. It's worse than just a regular fight because the person who did it meant to hurt the other person badly or was very careless and caused serious harm. It's against the law and the person who did it can go to jail for a long time. Sometimes, if there was a good reason for the fight, like if someone was trying to hurt them first, they might be able to say they were defending themselves. But if they were drunk or high, that's not a good excuse.
A more thorough explanation:
Aggravated assault is a serious crime that involves causing serious bodily injury to another person. It is different from simple assault, which only requires an attempt or causing bodily harm. In aggravated assault, the defendant intends to cause serious harm or recklessly causes it.
For example, if someone shoots another person during a robbery attempt, it can be considered attempted aggravated assault. The prosecution only needs to prove that the defendant intended to do the physical act or recklessly did it, leading to serious bodily harm.
Aggravated assault is a general intent crime, which means that the defendant voluntarily did something that the law considers a crime. It is a more serious offense than simple assault but less severe than attempted murder or voluntary manslaughter.
The punishment for aggravated assault varies depending on the degree of the offense. In New Jersey, causing serious bodily injury to another person is a second-degree offense, which carries a punishment of 5-10 years in prison or a fine up to $150,000, or both. Pointing a firearm at another person can be classified as a fourth-degree aggravated assault, carrying a punishment of up to 18 months in prison or a fine up to $10,000, or both.
There are defenses to aggravated assault, such as self-defense. Self-defense allows the use of force when the actor reasonably believes that such force is immediately necessary for protecting themselves against imminent danger or death. However, some jurisdictions require a showing that the party asserting self-defense was not responsible for provoking the situation and that they complied with the duty to retreat, or that retreat was impossible.
Incapacity due to voluntary intoxication is generally not a defense to aggravated assault.
Overall, aggravated assault is a serious crime that can result in severe punishment. It involves causing serious bodily injury to another person, and the prosecution only needs to prove that the defendant intended to do the physical act or recklessly did it, leading to serious harm.