AGGRAVATED ASSAULT WHILE D.U.I.

When a driver negligently causes serious bodily injury to another as a result of a D.U.I. The driver must also be convicted of the D.U.I.  This charge is a felony, 2nd degree. 

SIMPLE ASSAULT

A person is guilty of the Misdemeanor crime of Simple Assault when he: 1) attempts to cause or intentionally, knowingly or recklessly causes bodily injury to another; 2) negligently causes bodily injury to another with a deadly weapon; 3) attempts by physical menace to put another in fear of eminent serious bodily injury.

There are different degrees of seriousness with simple assaults.  If 2 people "mutually consent" to fight, the charge is less serious.  If the victim is a child under the age of 12, the charge is more serious.  The court will always consider the seriousness of the injuries when ordering a sentence.

Justification or self-defense could be a defense to simple assault.  The possibility of a self-defense, defense should always be discussed with your attorney.

AGGRAVATED ASSAULT

A person is guilty of Aggravated Assault if he/she: 1) attempts to cause serious bodily injury to another or causes such injury intentionally, knowingly or recklessly; 2) attempts to cause or intentionally, knowingly or recklessly causes serious bodily injury to a police officer, probation officer, or other listed court related official; 3) attempts to cause or intentionally, knowingly or recklessly causes serious bodily injury to another with a deadly weapon.

A conviction for an Aggravated Assault is always a Felony and most always carries with it a period of incarceration.

A Simple Assault on a police officer is usually charged as an Aggravated Assault.

The defense of self-defense or justification should be considered when charged with an Aggravated Assault.

Call any of the numbers above if you wish to discuss an assault case.