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Assault is unlawfully threating to cause harm to another individual
As per Orthmann et al. (2017), assault is unlawfully threating to cause harm to another individual, causing harm to another individual, or even an attempt that is unsuccessfully in causing harm. Assault can come in forms of brutal gang beatings, a shove, stabbing, punching, spitting, or domestic conflicts (Orthmann et al., 2017). It also common for assault to be done during robberies (Orthmann et al., 2017). Simple assault on the other hand is intentionally causing another person to fear that they are going to get hurt or attempting to cause bodily injury (Orthmann et al., 2017). This could be in a form of a threat or raising an arm at someone threatening to hurt them. The elements of simple assault are the intent to cause bodily harm to another, commission of an act to carry out their intention, and present ability to commission of the act (Orthmann et al., 2017). Aggravated or felonious assault is an unlawful attack by one perpetrator to cause severe injury (Orthmann et al., 2017). It can be in forms shooting a person with a gun, holding someone at gun point, striking someone with a dangerous object or threatening to hit them with a weapon (Baldwin, 2017). Elements of aggravated assault must be high probability of death being on the line, serious disfigurement, permanent impairment of severe bodily harm, and severity of the attack (Orthmann et al., 2017). Forms of permanent disfigurement is like losing an ear, losing an eye, while impairment of body members are like stabbings that could lead to damage of a stomach or lung.
The elements of an assault are an intentional, unlawful act of injury to another by force, threatening to harm someone, and attempting unsuccessfully to harm another person. Aggravated assault is the intention of inflicting bodily injury that must have resulted in one of the following; serious permanent disfigurement, possible cause of death, impairment of the function of any body member or organ. The elements of a simple assault are the present ability to commit the act and intent to harm someone, a commission of an overt act toward carrying out the intention. The elements of each of these crimes vary because a simple assault is the intent to inflict harm to someone and cause fear to someone. An aggravated assault is an unlawful attack and reflects severe bodily injury.
The description of assault can vary by state. However, simple assault and aggravated assault include the same components, that include the ability and intent 2 do bodily harm to another individual. An aggravated assault is intentional and not just provoked for example in an argument with a spouse. An aggravated assault can be a planned assault that may wind up as a homicide. Aggravated assault also differs from simple assault due to the injuries inflicted. These injuries are usually categorized as permanent or even death, wheres a simple assault you may recover from the scars, but some will still carry the trauma.The use of weapons are almost always involved in aggravated assault, even though simple assault there may be weapons involved too.Aggravated assault carries a longer prison sentence for the perpetrator as well.
Assault is to unlawfully threaten to harm another person, actually harming someone and/or attempting unsuccessfully to harm another person. Assault often leads to battery which is the physical act of actually harming another individual. There are many forms of assault, such as simple assault and aggravated assault. Simple assault causes fear of immediate bodily harm and/or inflicting harm to another person. A person who commits a simple assault has the more of the present ability to commit harm to a person. It involves minor injuries, threatening words and behaviors towards a victim. Aggravated assault involves more serious injuries and the use of a deadly weapon, even if its not used on the victim. Aggravated assault is an unlawful attack that is more felonious. It is more severe than simple assault because it causes severe bodily injury to a person. Bodily injuries resulting in high probability of death, disfigurement, loss of bodily functions and other harmful injuries.
According to Orthmann, Hess & Cho (2017), a simple assault is defined as touching, minor injuries and threatening behavior or words. The alleged victim of the assault must stress that they fear being hurt by the words and actions of the accused. While, aggravated assault Is defined as a serious injury and the presentation of a weapon in the incident. The fact that the accused banish a weapon in a threatening manner towards the victim is deemed an aggravated assault. For example, if a person aim a gun at someone with no intention of firing or pulling the trigger, this could be deemed an aggravated assault. The elements of an aggravated assault and simple assault varies because an aggravated assault must be proven. For example, the individual must prove that the person aim the gun or exhibited the gun in a threatening manner. Some states have open carry laws; therefore, a person simply having a gun on their waste id not deemed aggravated assault; however, if the person remove the gun from their waste and point the gun at someone or remove the gun and say I will blow your head off then that's deemed aggravated assault. This is easier to prove when their is witnesses. Additionally, if someone fires a gun as a gesture that they are going to shoot is also deemed aggravated assault.The evidence that exist to prove aggravated assault includes, weapons, broken bones etc. A simple assault varies because the nature of the assault is deemed less. A person can be charged for simple assault for pushing someone and yelling at them that they will break their face etc.