If you have been charged with an aggravated assault in taxes and need to know how to legally file charges, this guide will walk you through the process.
What Is An Aggravated Assault?
An aggravated assault occurs when someone commits an assault that causes serious bodily injury or if the assailant uses a deadly weapon. This type of assault is punishable by up to 20 years in prison and a $10,000 fine. If the victim is a law enforcement officer, the penalties are even harsher.
How Do You Report An Aggravated Assault?
If you are the victim of an aggravated assault in Texas, there are a few steps you should take to ensure your safety and report the crime to the appropriate authorities. Aggravated assault is a Class A misdemeanor punishable by up to one year in prison and a fine of up to $4,000.
If you are the victim of an aggravated assault, you should call 911 or your local police department as soon as possible. In addition, you should immediately report the crime to your local prosecutor’s office. This will help ensure that the perpetrator is prosecuted to the fullest extent of the law.
You may also want to consider filing a restraining order against the assailant. This can help protect you from further abuse and can help ensure that the assailant is held accountable for his actions.
Law Enforcement’s Role in an Investigation
When it comes to an aggravated assault, there are a few things that law enforcement needs to be aware of. Whether or not the incident will be reported to the authorities ultimately falls on the discretion of the officer involved.
Generally speaking, if an officer witnesses the assault in progress, they will report it. If a victim is able to provide enough information for officers to identify the perpetrator, they will also report it. If there is no victim or insufficient information to make an arrest, law enforcement may choose not to report it at all.
Regardless of whether or not a report is made, any evidence gathered during an investigation can be helpful in prosecuting the perpetrator. This includes anything that can help identify the assailant, such as fingerprints or eyewitness testimony.
Factors for the Court to Consider
When it comes to aggravated assault, the court will consider a variety of factors in order to decide whether or not to prosecute. While some of these factors may be subjective, others are definitely objective. Here are five key factors that the court will consider when making a decision:
- The severity of the injury.
- The intent of the assailant.
- The history of violence between the parties.
- Whether or not the victim was defending themselves at the time of the attack.
- Whether or not the assailant was armed at the time of the attack.
Examples of Convictions and Sentences
If you’ve been the victim of an aggravated assault in Texas, you may be wondering what to do next. Here are some examples of convictions and sentences for aggravated assault in Texas.
Conviction: A person convicted of aggravated assault in Texas could face up to 20 years in prison and a $10,000 fine.
Sentence: The sentence a person convicted of aggravated assault in Texas receives will depend on the specific facts of their Criminal Appeals. However, most aggravated assault offenders receive a prison sentence that ranges from a few months to several years.
You must understand a couple of definitions if you are facing an aggravated assault charge – serious bodily injury and deadly weapon. These are the cornerstones of these charges
Serious bodily injury includes those that cause scarring, broken bones, impairment, disfigurement, loss of hearing and similar conditions. For some points, such as scarring, disfigurement, and impairment, the condition must be permanent.
A deadly weapon is an object that can cause harm. A gun, knife and similar weapons are considered deadly weapons. Even a stick might be considered a deadly weapon in some instances. Typically, the circumstances will determine if an object is a deadly weapon.