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Aggravated assault, for example, is usually differentiated from simple assault by the offender's intent (e.g., to murder or to rape), the extent of injury to the victim, or the use of a deadly weapon. An aggravating circumstance is a kind of attendant circumstance and the opposite of an extenuating or mitigating circumstance, which decreases guilt.
Simple assault is a class A misdemeanor, but if physical contact occurs, the offense is a class D felony. If a deadly weapon is used or bodily injury is inflicted, it is a class C felony. [1] Threatening the government officials of the United States, particularly law enforcement officers, can in some cases fall under this statute. [2]
There also exist alternative forms of aggravated assault in English law, for example: assault or battery with intent to resist arrest (as above, the arrest must be lawful); and assault on, resistance to, and obstruction of constables. [55] Under the Crime and Disorder Act 1998, it is also possible to commit a racially aggravated assault. This ...
Aggravated sexual assault: See aggravated sexual assault. An individual cannot consent to an assault with a weapon, assault causing bodily harm, aggravated assault, or any sexual assault. Consent will also be vitiated if two people consent to fight but serious bodily harm is intended and caused (R v Paice; R v Jobidon).
And it is then possible to consider degrees and aggravations, and distinguish between intentional actions (e.g., assault) and criminal negligence (e.g., criminal endangerment). Offences against the person are usually taken to comprise: Fatal offences Murder; Manslaughter; Non-fatal non-sexual offences Assault, or common assault; Battery, or ...
Although "assault" is an independent crime and is to be treated as such, for practical purposes today "assault" is generally synonymous with the term "battery" and is a term used to mean the actual intended use of unlawful force to another person without his consent. On the facts of the present case the "assault" alleged involved a "battery." [16]
Nicholas J. Schafer, 28, was sentenced to two years and eight months in prison for two counts of aggravated sexual battery, according to Jonathan Carter, a spokesman for the Wyandotte County ...
Non-fatal violence is reported in the NCVS, which measures rape and sexual assault, robbery, and aggravated and simple assault reported by households surveyed by the U.S. Census Bureau. [29] The UCR tracks similar non-fatal violence, plus murder and non-negligent manslaughter recorded by law enforcement. [30]