Crimes can take many forms. One of the most common types of crimes is what is known as assault. Assault means that someone deliberately or recklessly caused physical harm to someone else. Many types of actions may be considered assault under the law. For example, someone can engage in this action punching another person. They can also be guilty of assault if they should shoot that person, bite them, stab a victim or hit that person with a car. Many dangerous assaults happen when someone is using a weapon of some kind such as a firearm. For example, they might use a gun to injure another person. They can also use a knife.
It is important to remember that this kind of crime can also be as a result of any kind of weapon even a rock or a garden tool. A deadly weapon can be anything that leaves the victim with ongoing and permanent injuries. If someone rams a car into a crowd of protestors and does do deliberately, the car is considered a deadly weapon because of how it was used during the crime. It is also important to bear in mind this is a serious crime with lots of potentially serious legal penalties.
Some crimes are relatively straightforward. The law does not distinguish between degrees of that crime. Like many other types of crimes, assault with a deadly weapon can be complicated by many factors. A prosecutor may choose to bring varied charges defending on a wide variety of circumstances. The changes for this type of crime range from assault in the first degree to assault in the third degree. Each type of charge will carry certain penalties that can include jail or prison time as well as the potential for heavy fines and the prospect of being sued in court.
Assault in the First Degree
Assault in the first degree is the most serious form of an assault with a deadly weapons charge. Someone may be charged with this crime in many states if officials consider they intent to cause serious physical injury to another person. They can also be charged if they are considered to have seriously injured another person using a deadly weapon. Reckless conduct on your part that causes death or injures another person can fall under this heading. This is considered a felony offense in most jurisdiction with a potential prison sentence that can run into several years.
Assault in the Second Degree
Assault in the second degree has much in common with the charge of assault in the first degree in many states. This is also a serious charge with potential time in prison as well as the potential for a civil lawsuit by the injured party. The fundamental difference between the two charges is that the first change is where you intended to seriously injure someone when using a deadly weapon. The second charge means that officials believe that you intended to harm someone but not seriously. People who are convicted of this kind of crime are charged with a felony.
Assault in the Third Degree
A charge of this type is the least serious of all potential charges. This kind of crime means that you intended to harm someone with a weapon but the degree of injury was less serious. This type of conviction in many states will result in a misdemeanor charge. While this is considered a lessor charge, it still has potentially serious, long term consequences that can follow you for life. You can face fines and not be permitted in certain professions if you have this charge on your record.
Other Types of Laws
Some states also add additional penalties depending on certain circumstances. For example, Massachusetts law punishes defendants more severely if the victim is over sixty. New Mexican officials consider some victims fall into what is known as the protected victims category. Someone who assaults certain people in certain jobs such as doctor during an operation or a school official will face increased penalties. Each state may further define what a weapon is and exactly what the term assault means under their jurisdiction.
There are many types of defenses that are possible when it comes to a charge of this kind. A defendant, for example, can argue they were engaging in self defense when the injury happened to the other person. If you were being raped, you have the right to respond to the force being exerted on your person to free yourself from the grip of the rapist. The damage to other person must also be major. A few minor scrapes nd bruises are not assault. A good lawyer can help with your defense against these charges.
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