If you are accused of harming someone else, you may be charged with simple assault. However, the state can also accuse you of committing aggravated assault, a more serious crime. There are many reasons why they can upgrade the charges against you, but one thing is a certainty. You need to be ready to defend yourself. A Montgomery County assault lawyer can help you with this.

When Can Someone Be Accused of Aggravated Assault?

You can be charged with aggravated assault instead of simple assault for a number of reasons. Some common justifications for upgrading to this felony charge include being accused of:

  • Committing serious bodily injury
  • Using a deadly or dangerous weapon, like a gun
  • Intending to kill, maim, or inflict another severe bodily injury
  • Acting recklessly in a way that showed that you didn’t care if you killed or harmed someone else
  • Attempting to cause injury to certain types of state and government employees, like police or public transportation workers
  • Harming or attempting to harm a child under six years old

Any of the above accusations are going to be taken more seriously than a simple assault charge would be, so you have to be ready to defend yourself.

Will I Go to Jail For Aggravated Assault?

Prison time is a likely outcome for anyone charged and convicted of aggravated assault. At a minimum, this will be a third-degree felony, but certain circumstances can upgrade the charge to a second-degree or first-degree felony. General guidelines for penalties and charges look a bit like this:

  • First-degree felony: Up to 20 years in prison and fines of up to $25,000
  • Second-degree felony: Up to 10 years in prison and fines of up to $25,000
  • Third-degree felony: Up to seven years in prison and fines of up to $15,000

Your charge can be upgraded for a number of reasons. Common factors include the accusation of causing serious bodily harm or causing harm to a child or police officer.

How Can I Defend Myself From These Accusations?

An experienced criminal defense attorney can help you figure out the best way to defend yourself from aggravated assault charges. Every case is different, but some common ways to create reasonable doubt and poke holes in a prosecutor’s case include:

  • Claiming that you were acting in defense of yourself or others
  • Attacking witness credibility
  • Arguing that this is a false accusation
  • Claiming insanity or mental incapacity
  • Arguing that you have been mistaken for someone else

Your lawyer can also help you get evidence thrown out if your rights are violated. A good example of this would be if the search that turned up a weapon allegedly used in an aggravated assault was performed without a warrant or your permission.

Schedule a Case Consultation

If you want to learn more about how a seasoned criminal defense attorney can help you fend off aggravated assault charges, contact Mudrick & Zucker. We can schedule a consultation and tell you more about how our attorneys can help you develop a defensive strategy.