Individuals accused of violence against another person may face assault charges. In scenarios where someone strikes another person or otherwise intentionally injures them, the state can prosecute them for their conduct.
Assault charges range in severity from simple assault to aggravated assault. There are multiple degrees of assault charges that the state can bring depending on the unique circumstances leading to the allegations.
The details of the situation determine what exact charges the state pursues and the penalties that the courts may impose. What factors may potentially result in more serious assault charges under state law?
1. The identity of the victim
Assault allegations are much more serious in scenarios where the party injured in the incident is part of a protected group. Some people target those who work in protected professions. Law enforcement professionals, public school workers and certain medical professionals are among those who have special protection under the law.
The state can pursue more serious assault charges in cases where the incident involves a specific professional or violence motivated by protected personal characteristics. Hate crimes that involve targeting someone for their race, religion or other protected characteristics can lead to more serious allegations against a defendant.
2. The severity of injuries
The effect that an assault has on the victim can have a direct bearing on how the state handles the case. The situations involving minor injuries may result in less severe charges and penalties.
However, if an assault results in severe or permanent injury, then the state may have grounds to pursue more serious charges or to impose more significant penalties. Particularly when prosecutors can credibly claim that the defendant initiated the altercation with the intention of causing significant bodily harm, the state may seek more serious charges and penalties.
3. The other people present
Under state law, assaults that occur in front of children can result in more serious charges. Child witnesses are an aggravating factor because the crime not only affects the victim but also the witness, who may become traumatized by what they see.
Understanding what factors influence assault charges and charges related to violent offenses may be beneficial for defendants. Depending on the circumstances, there may be ways for people to fight back against the charges they face.