Difference Between Assault and Aggravated Assault

Assault is the less serious of the two charges where aggravated assault involves more severe circumstances, including the intent to harm another human being and cause damage during the threat. An example of an aggravated assault could be a permanent wound or scar caused by an object used by an individual with the intent to harm a person.

What Is Assault?

Assault can be defined as any intentional act that causes a person to fear that they may suffer physical harm by an individual. This definition recognizes that placing another person in fear of imminent bodily harm is an act deserving of punishment, even if the victim of the assault is not harmed. This definition also allows police officers to intervene and make an arrest without waiting for the assaulter to strike the victim.

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What is Aggravated Assault?

Aggravated assault is a criminal act that resulted in significant bodily harm. The same principles that apply to the defense of a simple assault case apply to the charge of aggravated assault.

In cases of aggravated assault, the sentence often starts with incarceration. If convicted of this charge, the punishment imposed is influenced mainly by the extent of the crime.

Examples of aggravated assault:

  • hitting or threatening to hit an individual with a weapon or object
  • threatening to kill someone while pointing a gun at the victim
  • assault with the intent to commit another felony crime such as robbery or rape
  • regular assault that resulted in serious physical injury to a person

Defense For Aggravated Assault

In some circumstances, an aggravated assault charge is defended with a self-defense claim. It may be proven in court that the charged individual had no choice but to cause this action due to the alleged victim being the one who had initiated the attack. A criminal lawyer may show the court that the object or weapon used in the attack was in fact, in possession of the alleged victim at first.

Penalties for Aggravated Assault

Aggravated assault, in most cases, is punishable by approximately one to twenty years in prison. However, many different circumstances will come into play upon the judge sentencing the found guilty party. A lawyer who is specialized in aggravated assault will plead on your behalf to receive a reduced sentence depending on the circumstances. Your criminal lawyer is there to fight vigorously for you and your future.

Have You Been Charged With Aggravated Assault or Assault?

Being charged with either assault charge is no laughing matter and is taken extremely seriously as they are very punishable crimes in court.

A person charged with a criminal act should seek the advice and guidance of a criminal lawyer immediately to understand their options fully.


At Legal Solutions Law Firm, we have successfully defended accused parties of aggravated assault. These people often got no jail time, and in many cases, the criminal charges were completely dropped.

Contact us today for a free evaluation of your case.

If you decide to retain us, we offer payment plans and flexible flat fees.

Call or text Legal Solutions Law Firm now at 416-320-2020

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