14 Facts About Aggravated assault


When this distinction is observed, battery refers to the actual bodily contact, whereas Aggravated assault refers to a credible threat or attempt to cause battery.

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The result is that in many of these jurisdictions, Aggravated assault has taken on a definition that is more in line with the traditional definition of battery.

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In jurisdictions that make a distinction between the two, Aggravated assault usually accompanies battery if the assailant both threatens to make unwanted contact and then carries through with this threat.

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Aggravated assault is, in some jurisdictions, a stronger form of assault, usually using a deadly weapon.

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Aggravated assault can be charged in cases of attempted harm against police officers or other public servants.

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New South Wales

Common Aggravated assault involves intentionally or recklessly causing a person to apprehend the imminent infliction of unlawful force, whilst battery refers to the actual infliction of force.

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In New South Wales, the Crimes Act 1900 defines a range of Aggravated assault offences deemed more serious than common Aggravated assault and which attract heavier penalties.

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Generally, an Aggravated assault occurs when a person directly or indirectly applies force intentionally to another person without their consent.

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An injury need not occur for an Aggravated assault to be committed, but the force used in the Aggravated assault must be offensive in nature with an intention to apply force.

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Common Aggravated assault is an Aggravated assault that lacks any of the aggravating features which Parliament has deemed serious enough to deserve a higher penalty.

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In Scots Law, Aggravated assault is defined as an "attack upon the person of another".

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However, the crime of Aggravated assault can encompass acts in which no battery is intended, but the defendant's act nonetheless creates reasonable fear in others that a battery will occur.

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Crime of Aggravated assault generally requires that both the perpetrator and the victim of an Aggravated assault be a natural person.

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Person convicted of simple Aggravated assault can be ordered to up to two years in prison as a second-degree misdemeanor.

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