It is the intent of the person who did the striking, and the wording of the prosecutor's charge that makes the difference. Actually there are several charges that could appy in this scenario - the two cited in the question and also; Assault with a Deadly or Dangerous Weapon (ADW) - Assualt and Battery - and others, or combinations of others as appropriate.
Yes, because the "intent" to do bodily harm existed and you "attempted" to carry it out.
Aggravated assault involves causing serious bodily harm or using a deadly weapon, while attempted homicide is the intent to kill someone but not succeeding in doing so.
Assault with intent to do great bodily harm is a felony. It can cause a person to get quite a bit of jail time and also pay a fine.
No. Stabbing someone is "Assault With Iintent to Kill," or "Assault With Intent to Do Great Bodily Harm." Both felony offenses.
The punishment for assault with intent to cause bodily harm varies depending on the severity of the offense and the laws of the specific jurisdiction. In general, it is considered a serious crime and can result in imprisonment, fines, probation, or a combination of these penalties. Offenders may face several years in prison, especially if the assault resulted in significant harm to the victim.
No. It is implicit in the means and method used to carry out the offense that great bodily harm was intended.
A long period of jail depending on what the criminal has done.
Yes. Both crimes are felonies. The term "aggravated" added to an assault charge in most jurisdictions strictly implies that the assault was with the intent to cause serious bodily harm. This is to distinguish it from simply "assault", as individuals charged with assault did not intend serious harm. Because the intent to cause serious bodily harm is specifically stated in the statute, it is considered a violent crime.Added: These are examples of types of crime that are considered to be "Crimes Of Moral Turpitude."
It means that someone assaulted someone else with the intent of doing them GREAT bodily harm, over and above a mere hand-to-hand fist-fight. In some jurisdictions this offense could amount to a charge of 'Assault With Intent to Maim.'
Murder is the unlawful killing of another person with intent, while attempted murder is the unsuccessful attempt to unlawfully kill another person with intent. The key difference is that murder involves the completion of the act, resulting in the death of the victim, while attempted murder involves the intent and effort to kill, but the act is not completed.
The person who first physically contacts the other is guilty of the assault. Your assumption of the other persons's intent is immaterial. Assault is one of those offenses in which you almost have to be the victim of the first blow struck before you can retaliate. In many jurisdictions, assault is threat of bodily harm when the ability to carry it out exists. The actual contact is battery.
What kind of assault -assault with intent to commit murder, assualt with intent to do great bodily harm less than murder? Also if one has prior felony conviction - felon in possession of firearm as added charge or habitual criminal (life-no parole!) At worst case on assault -10-20yrs - or2-10 on lesser assault. These are just generalizations - each jurisdiction has different standards