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Assault is a serious offense in Plainview, and aggravated assault is prosecuted even harsher than the typical assault case. The definition of assault includes the unwanted touching that creates bodily injury. A person can be charged with aggravated assault if the injury inflicted on the alleged victim is serious bodily injury. A serious bodily injury is more than just pain, so there has to be some sort of mechanism such as a broken bone or an impeding into the body such as a gunshot wound. Examples of serious bodily injury could also include organ damage or a facial break with damage to an eye socket or nose.
Because aggravated assault charges in Plainview can have serious consequences and result in serious injuries, they will be prosecuted seriously. Anyone facing charges will need the help of a Plainview aggravated assault lawyer to build their defense and help with their case. Call a skilled attorney today to discuss your case.
Role of Intent
In terms of aggravated assault, from a legal standpoint, Mens Rea is taken into consideration in determining if the assault is actually aggravated. Mens Rea actually allows the criminal justice system to differentiate between someone who did not mean to commit a crime and someone who intentionally and knowingly committed a crime. The state must be able to prove that the assault was intentional versus negligent or reckless. A good example of intentional assault would be a situation in which somebody is in the car and expresses a desire to run over someone on a sidewalk before driving over the person. That is intentional.
If a person was driving 130 miles an hour and did not realize there was a person on the sidewalk, that could be a reckless act. Driving that speed is something a reasonable, prudent person would not do, so that would fall under the reckless section of the aggravated assault.
Culpable Mental States
The definitions of the Culpable Mental States include:
- A person acts intentionally or with intent when their conscious objective or desire is to engage in the conduct or cause the result
- A person acts knowingly or with knowledge when they are aware of the nature of their conduct or that their circumstance exist
- A person acts knowingly or with knowledge when they are aware that their conduct is reasonably certain to cause the result
- A person acts recklessly or is reckless when they are aware of but consciously disregard a substantial and justifiable risk that the circumstance exists or the result will occur
The decision to disregard a risk must constitute a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.
Aggravated assault charges in Plainview are a second-degree felony charge and carry the range of punishment from not less than two and not more than 20 years. In addition, they carry fines up to $10,000. If there is a finding of a deadly weapon and a prison sentence is imposed, then at least half of the prison sentence must be served.
It is a felony conviction, so a person can go to the penitentiary, can be deported if not a US citizen because it is a crime of violence, and can be denied any type of citizenship. It can cause a loss of opportunities, such as jobs and the ability to vote. Once a person is convicted of a felony in Plainview, that person loses any right to possess any type of a firearm.
Assault with a Deadly Weapon
A deadly weapon can be any type of object, depending on the manner and the means in which it is used or intended to be used. One example could be a BB gun, without the ability to actually fire. If the assaulted person reasonably believes that the BB gun is a deadly weapon, even though it cannot actually fire, that could be enough for it to be considered a deadly weapon in a court of law. There are other objects that are automatically considered deadly weapons, such as guns, knives, and even automobiles.
When a deadly weapon is the cause of the bodily injury, the deadly weapon is what makes the assault aggravated. An assault with bodily injury is classified as a Class A Misdemeanor assault, but if there’s a deadly weapon involved, it becomes a second-degree felony.
Call a Plainview Assault Attorney Today
If you have been accused of assault, you should not face these charges alone. A Plainview aggravated assault lawyer could help you build an effective defense. Call a skilled criminal defense lawyer as soon as possible to discuss your case.