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By definition, a person is guilty of aggravated assault if he or she attempts to cause serious bodily injury to another or causes such injury purposely, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life; or attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon. In all jurisdictions statutes punish such aggravated assaults as assault with intent to murder (or rob or kill or rape) and assault with a dangerous (or deadly) weapon more severely than "simple" assaults.

Example of aggravated assault:

During a recent incident in Georgia;

A Home Depot employee accused of shooting at her child’s father remains behind bars.

Nikia Jones met Brandon Jones in the parking lot of the Home Depot along Highway 85 in Riverdale last Wednesday. Nikia Jones is an employee at the home improvement store.

Officers said the two got into an argument while exchanging custody of their 2-year-old son and Nikia Jones pulled out a handgun and shot into Brandon Jones’ car.

The bullet missed Jones and his female companion, who was also sitting in the car, according to the police report.

Riverdale’s police chief told Channel 2’s Tom Jones that the shooting could have had serious consequences with customers walking around the parking lot when the shot was fired.

Jones was arrested when she drove to a nearby police station and reported the incident.

She said very little when she appeared before Clayton County Magistrate Court Judge Richard Brown. Jones’ attorney had no comment about the case.

Home Depot customer Tanya Toles-Johnson told Tom Jones she was surprised that someone would pull a gun during a public custody exchange.

Because of her actions, the accused faces two counts of aggravated assault.

In the above incident, there are other criminal/legal questions that Ms. Jones may have to provide answers to. For instance, was her firearm registered, does she have a CCW (carry a concealed weapon)permit, why did she feel it necessary to have a gun during a parental exchange of a 2 year old - did she anticipate a violent confrontation, does her employer allow firearms on the premises, and finally, were her actions premeditated?

There Are Serious Consequences for Being Accused of An Aggravated Assault

The penalties are the same as they are for a conviction of normal assault and battery, just at a much higher degree of seriousness:

  • It could be on your record for life
  • Imprisonment, even death (if your state has the death penalty)
  • Significant fines
  • Loss of the right to possess deadly weapons
  • Civil liability: You may be forced to compensate the victim for his/her injuries, pain and suffering, etc.

Likelihood of the above consequences depends on the following factors:

  • The severity of the aggravated assault
  • How badly was the victim injured?
  • Was the aggravated assault used to commit another crime? If so, what type of crime did you want to commit?
  • Mitigating/aggravating circumstances
  • Prior convictions
  • Whether or not a weapon is used

What Should You Do if You Are Charged with Aggravated Assault?

If you are charged with an aggravated assault, you should speak with an experienced lawyer immediately.

Disclaimer:

The legal information provided within this guideline is not warranted or guaranteed for any purpose. Please consult with a legal professional to determine your rights.

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Q: Aggravated Assault Is Very Serious
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