What is aggravated assault in dc?
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What is Aggravated Assault in DC?
Aggravated assault in DC is a felony. It is considered one of the more serious felonies in the District of Columbia. Two items make an assault into an “aggravated” assault:
- that person knowingly or purposely causes serious bodily injury to another person; or
- Under circumstances manifesting extreme indifference to human life, that person intentionally or knowingly engages in conduct which creates a grave risk of serious bodily injury to another person, and thereby causes serious bodily injury.
What is the Maximum Jail sentence for Aggravated Assault?
The maximum sentence for aggravated assault is 10 years and/or $25,000.00 dollar fine. Unlike simple assault, aggravated assault is a felony.
What Defenses are Available to someone charged with Aggravated Assault
In the District of Columbia, there are defenses available to a person charged with aggravated assault. The Government must prove each element in the statute. The Government will not prevail in the case against them unless they prove all elements of the alleged crime beyond a reasonable doubt.
In the District of Columbia you need a lawyer will present evidence that challenges the existence of one or some of the elements of the alleged crime. A person has to be found not guilty if any singular element of the alleged crime is not proven by the Government.
An experienced aggravated assault attorney to cast reasonable doubt upon their guilt by challenging each element of the alleged crime.
Self – Defense
Self Defense is also an available defense against aggravated assault.
What are the Essential Elements for Aggravated Assault
- That the defendant caused serious bodily injury to [name of complainant]; and
- That the defendant either
(A) intended to cause serious bodily injury to [name of complainant or third person]; or
(B) knew that serious bodily injury to [name of complainant or third person] would result from his/her conduct; or
(C) intentionally or knowingly engaged in conduct which created a grave risk of serious bodily injury to [name of complainant or third person] and which manifested an extreme indifference to human life.
“Serious bodily injury” is an injury that involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ or mental faculty.
An act is done intentionally or knowingly if the defendant acted consciously, deliberately, voluntarily and not mistakenly, accidentally or inadvertently.