Violent crime is on the rise in the United States. Where there was once about 16 per 1000 people, that number has slowly climbed to 23.
One of the most common violent crimes is assault, but it comes with a less common flavor: aggravated assault. It’s one of many complex legal definitions, and not one that’s easy for the average person to unpack. When it comes to assault vs aggravated assault, what is the difference between these two criminal offenses?
Today, we take a quick look at the legal distinctions between these two terms.
What Is Assault?
Assault (also known as simple assault) is a violent offence in Edmonton and most places in the world. It refers to someone intentionally threatening another person with bodily harm or the fear of it.
This has to be imminent and physical harm, not something theoretical. Someone has to be using a violent body language of some sort. So if a person feels they’ve been victimized by a dirty look, that won’t cut it.
It’s incredibly important to note here that it doesn’t matter if someone was physically harmed or not. Assault does include that, but it’s more about intention. There are many, many assault charges without physical harm, but a threat to one’s wellbeing and life.
Usually, there are additional charges on top of an assault if physical harm occurred. For example, being struck by a punch or with an object is “battery.” Simple assault by itself is usually just a misdemeanor, particularly with only minimal injuries.
What Is Aggravated Assault?
Aggravated assault sounds much worse, and it is; it’s a felony. This is an assault, but in this case, the victim suffered major bodily harm. Or, the victim had their life threatened by a deadly weapon.
Aggravated assault can also be used in legally protected special relationships. For example, a simple marriage altercation could potentially become an aggravated assault. Other protected relationships include things like the patient/caregiver relationship at a nursing home.
Like simple assault, additional distinctions can come into play. A man who attacks a woman with the intent to do more than harm her might be guilty of aggravated assault and sexual assault.
Assault vs Aggravated Assault: What’s the Difference?
To wrap up, both types of assault are serious offenses, but they come with vastly different consequences. A simple assault can be a threat to a victim’s life that never materializes in violence. If there is physical harm, it’s minor, and the end result is usually a misdemeanor and change.
Aggravated assault is the big, bad older brother over the two. It’s a felony where a victim has suffered a great deal of harm. Aside from that, it also includes any physical abuse in a few state-protected relationships.
Find Out More About Legal Definitions
Assault versus aggravated assault: what’s the difference between these two crimes? Assault usually has more to do with the intention of violence, involving only the most minimal injuries and a misdemeanor. Aggravated assault is when the attack ends in a great deal of harm, especially if there is a deadly weapon involved.
