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Aggravated Assault Charges

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Have you been legally accused of aggravated assault? If you have been arrested or charged with a crime, it is essential to obtain legal counsel for help. It’s important to take your charges seriously. Don’t just hope for the best. Hire an attorney who understands your situation and the consequences you face.

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Phone: 559-691-6222

Your Defense Attorney for Aggravated Assault Charges

I’m Mark A. Broughton and I’m here to fight for you. I have been a defense Attorney for 40+ years and have represented thousands of people accused of crimes. I have extensive experience representing citizens charged with Violent Crimes such as Gang Crimes, Gun Charges, Domestic Violence, and Kidnapping to name a few.

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What is Aggravated Assault?

Aggravated assault is when someone makes an unlawful attempt to cause serious bodily injury to someone else. It has to be apparent that the defendant wanted to inflict serious bodily injury on another person.

The elements of aggravated assault include:

  • Willfully – For aggravated assault charges to apply, you have to have willfully attempted to touch someone unlawfully. If you accidentally bumped into someone, that is not aggravated assault.
  • Application of Force – The application of force means any harmful or offensive touching. With aggravated assault, there has to be intent to cause great bodily injury to the other person.
  • Actions That Could Lead to Great Bodily Injury – Since great bodily injury is what makes an assault charge aggravated, it has to be possible that your actions could lead to great bodily injury of someone else.

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Penalties for Aggravated Assault

Aggravated assault can be charged as a felony or a misdemeanor depending on the facts and your criminal history. The penalties usually include imprisonment, high fines, restitution to the victim, and confiscation of any weapon (if used).

aggravated assault

Legal Defenses for Aggravated Assault

In order to use the self-defense legal defense all of the following have to be true:

  • You reasonably believed that you or someone else was in danger of being assaulted or touched
  • You reasonably believed that it was necessary to use force to defend yourself or someone else from that danger
  • You didn’t use any more force than was necessary to defend yourself or someone else from that danger

You have to have willfully tried to touch someone or had the intent to do so to be guilty of assault. If you turned around suddenly and almost hit someone in the process, that is not aggravated assault.

It’s very easy to accuse someone of aggravated assault since there doesn’t have to be any touching or injury involved. False accusations come out of anger, jealousy, or possibly revenge. A good criminal defense lawyer will know how to get to the truth.

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