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. A conviction will almost always provide for incarceration.
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.
Many times a simple assault charge is when a husband/wife or boyfriend/girlfriend get into a physical confrontation. Other times it’s when 2 people get into an altercation in a bar or when a disagreement between neighbors ends up in a physical confrontation.
The judge hearing an assault case will always be concerned with whether the person who committed the assault is a “danger” to others. The judge will also want to know if there are mental health issues that need to be addressed. Atty. Munley almost always recommends that our clients who are charged with assault enroll in an anger management program.
Justification or self-defense could be a defense to simple assault. The possibility of a self-defense, defense should always be considered.
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.
If you have been charged with either a simple or aggravated assault, call or email us and we’ll be happy to review your case.