How to Differentiate Simple Assault From Aggravated Assault

Aggravated assault is an unlawful attack intended to cause bodily injury. It generally involves a weapon and an intent to cause serious injury or even death. Simple assault, in comparison, does not involve a deadly weapon or other types of aggravation. Here's how to sort out the charges in an assault case.

Instructions

Difficulty: Challenging

1. Hire a lawyer specializing in assault cases. You have the right to remain quiet during the course of your arrest. You may wish to exercise this right until you've hired or been appointed a lawyer by the court.
2. Meet with your legal counsel to determine whether your case is simple or aggravated assault.
3. Face facts about whether a weapon was involved in the assault, which will carry greater penalties. When used threateningly, even a simple tool (such as a screwdriver or butter knife) can be construed as a weapon.
4. Face facts about whether the assault involved sexual intercourse, which makes it a sexual assault and will significantly increase the penalty if convicted.
5. Follow your lawyer's advice as precisely as possible. If you feel that your lawyer is not adequately representing you, obtain another lawyer as quickly as possible.

Tips & Warnings

• Assault includes violence and physical contact with another person without that person's consent.
• Whether simple or aggravated assault, if convicted you will probably face jail time.