The presence of a weapon can significantly alter the nature and severity of many offenses, such as robbery, domestic violence and, of course, assault.
What might have been a simple assault case can quickly escalate to a more serious crime when there is a weapon. In most cases, using a weapon to assault someone can lead to an assault with a deadly weapon offense.
If you are facing such charges, here is some crucial information you need to know.
When does simple assault become aggravated assault?
Simple assault typically involves the least serious form of assault in the eyes of the law. Essentially, it is an attempt to cause physical injury to another person or threatening to harm them. This kind of offense typically does not include the use of a weapon.
On the other hand, aggravated assault is when a person attacks or threatens another with intent to cause severe bodily harm.
Usually, using a weapon can change a simple assault charge into assault with a deadly weapon (ADW). ADW is a form of aggravated assault.
This happens because weapons make the situation much more dangerous. When someone uses a weapon to attack someone, it shows they intend to cause serious harm.
What is a “deadly weapon?”
While the definition varies, a deadly weapon is generally any weapon or object that can cause significant injury or death. It does not have to be specifically designed or manufactured as a weapon.
Common examples are:
- Knives
- Firearms
- Golf clubs
- Baseball bats
- Mace, tear gas and other similar substances
Note that Maryland law lists certain nonfirearm weapons as deadly weapons, including but not limited to nunchaku, bowie knives, razors and throwing stars.
What are the punishments for aggravated assault?
Aggravated assault can lead to a felony charge, regardless of whether anyone was hurt. In Maryland, punishments can include hefty fines, probation and/or imprisonment of up to 25 years.
What are potential defenses to aggravated assault?
Aggravated assault charges carry heavy penalties. Nevertheless, there are several potential defenses, including but not limited to:
- Self-defense: Claiming your actions were necessary to protect yourself.
- Defense of others: Arguing that you were protecting another person from danger.
- Lack of intent: Asserting that you did not intend to cause harm or fear.
Consider talking to a criminal defense attorney who can help you develop a strong defense strategy. With legal guidance and enough preparation, it may be possible to reduce your charges—or perhaps avoid them altogether.