Aggravated Assault: Its Implications, Legal Aspects, And Defense Tips

What Is Aggravated Assault

In Australia, an aggravated assault is a serious offence and is against the law. Therefore, an assault is defined as when an individual uses a weapon.

• Attacks a police officer, worker, or those who are in the vulnerable group.
• Attempts to harm themselves
• Attacks many individuals, in public or with a group.
• Part of domestic violence

Aggravated assault is taken more seriously than a simple assault because this is seen as a sign of an individual wanting to cause severe harm or fear and thus affect the public.

The common misunderstandings of aggravated assault are:

• Not all assaults are aggravated.
• Using a weapon alone is not deemed aggravated assault.
• Not necessarily defined by physical harm.
• Not in the context of self-defence

How Is Aggravated Assault Defined Under The Law?

Aggravated assault is an offence that is punishable differently in different states and jurisdictions. However, the core understanding remains the same, whereby an aggravated assault is an unlawful and intentional application of force that is highly likely to cause serious harm to the other person.

Each state and territory in Australia has its own legislation to govern aggravated assault.
In New South Wales, Victoria, and Queensland, an aggravated assault is seen when an individual is likely to cause harm or harm to a police officer or public officer.
In Victoria, aggravated assault

The severity of the penalty may vary depending on the jurisdiction. However, the ranges may differ in years in prison.

• This depends on the type and severity of harm required.
• Circumstances such as using a weapon, the victim’s safety and vulnerability, and the intention of the attacker.
• The classification and punishment, which either include whether it is a felony or misdemeanour.

To summarise, the definition of aggravated assault differs across jurisdictions with their definitions and penalties.

Differences Between Common Assault Vs Aggravated Assault

A common assault or simple assault, is when it involves intentionally or recklessly causing a person to apprehend the imminent infliction of unlawful force. It does not need any form of physical contact, is normally charged as a misdemeanour and is punishable by fines or short-term imprisonment.

Aggravated assault, on the other hand, is more severe and usually involves the usage of a deadly weapon to cause bodily harm. This is normally targeted to protected individuals such as firefighters, law officers, or government officers. Thus, it states that the attacker has no regard for the person’s well-being and has intentions of causing severe injury or possibly death. This is normally taken as a felony and individuals may face imprisonment of 25 years or hefty fines.

The legal implications are:

• Common assault is looked at as a misdemeanour, and aggravated assault is taken as a felony.
• The penalties for aggravated assault have severe penalties longer imprisonment, and severe fines.
• Those who are convicted of aggravated assault have legal consequences and are seen as having a criminal record and losing job employment.

What Are The Charges For Aggravated Assault?

The charges for aggravated assault are determined by the state and the years a person is being charged. For example:

• In the state of Victoria, aggravated assault can carry a maximum penalty of 20 years in prison.
• In South Australia, aggravated assault can carry a maximum penalty of 15 years in prison.
• In Western Australia, aggravated assault can carry a maximum of 14 years in prison.

The potential outcome for those charged with aggravated assault is an average imprisonment of 20 years or more. In some cases, community-based or intensive correction or community services are required for those who do not have any prior charges. Moreover, some may charge extreme fines instead of prison time.

As one of the best criminal lawyers Sydney, Criminal Law Group can help provide legal representation and guidance through our experienced criminal lawyers. They can provide the necessary advice, investigate, and defend you if you are charged with aggravated assault. Also, individuals would need to know how to prepare for consultation at a criminal law firm.

What Constitutes Aggravated Assault?

Aggravated assault is a serious offence as it involves threatening or causing serious bodily harm to another person. Thus, aggravated assault includes:

• Usage of a weapon to attack an individual.
• Attacks on certain people groups, such as police officers, emergency responders, or those who are in the vulnerable category.
• Intention to cause bodily harm or ignite fear in a person.
• The severity of the injury caused to the person can impact the category of assault.

An intent or specific action to determine if an assault is aggravated is defined as the attempted attacker desiring to cause serious harm or plant fear in the victim. Thus, certain actions, such as the usage of weapons or harming the individual, may impact the classification.

Do Police Need To Prove The Aggravating Features?

Police do not need to prove an offence beyond a reasonable doubt. However, it is the prosecutor that needs to determine the probability of aggravations, which is a lower standard of proof.

Thus, when it comes to aggravated cases such as intent, recklessness, or circumstances, the prosecutor needs to determine the probability. Therefore, aggravating features such as witness testimony, physical evidence, necessary documentation, and testimony from experts such as forensic experts are needed to establish that it was highly likely that the assault took place.

In some cases, the prosecutor might shift the burden to the defendant that certain incidences did not take place. For example, if it has been stated that the defendant acted with intent, then the defendant may prove that there is a lack of intent or that it was just a mere accident.

Penalties For Aggravated Assault

The penalties for aggravated assault may depend on the jurisdiction and its severity. Thus, imprisonment for aggravated assault can range from 5 to 25 years. As for fines, they can vary and depend on the jurisdiction.

When it comes to jurisdiction areas such as New South Wales, the maximum penalty for aggravated assault is around 25 years. As for other jurisdictions, such as Queensland and Victoria, the penalty can range from 10 to 20 years of imprisonment.

What Is The Most Common Sentence For Aggravated Assault?

The most common sentence for aggravated assault in Australia would range from 2 to 25 years (depending on the type of assault). However, it is important to determine the length and type of punishment, such as full-time imprisonment, periodic detention, or intensive correction orders.

• The severity and nature of the assault, including the level of harm inflicted, the use of weapons, and the vulnerability of the victim.
• The defendant’s previous convictions and criminal record.
• Evidence of remorse, cooperation with authorities, and any positive or negative factors surrounding the offence.

The average sentencing data from aggravated assault for New South Wales, Victoria, and Queensland is indicated by:

• The median sentence length for aggravated assault was 3–4 years.
• About 60% of offenders received a sentence of 2–5 years’ imprisonment.
• Around 20% received a sentence of 5-10 years, and 10% received a sentence of 10 years or more.
• A small percentage (less than 5%) received non-custodial sentences, such as community-based orders or fines.

There are a few factors that may influence the sentencing length of aggravated assault:

• The severity of the harm.
• The usage of weapons such as firearms.
• Attack on those who are vulnerable, such as women, children, or the elderly.
• Has a prior conviction.

While imprisonment is the most common sentencing for aggravated assaults, there are alternatives such as probation, intensive connection orders, and community-based orders. It is also important to know what happens during criminal law sentencing.

How Long Can You Be Jailed For Aggravated Assault

When it comes to the duration of being jailed for aggravated assault, it would be dependent on the state or territory. For instance,

• In New South Wales and Victoria, the maximum duration is 20 years.
• In Queensland, South Australia, and Western Australia, the maximum duration is around 14 years.
• Other territories may carry a maximum duration of around 14 years.

For example, the incident of aggravated assault where there were 6 fatalities and 12 injured in New South Wales is a serious offence. However, it was ruled as a mental health issue, as there was a lack of evidence that it was otherwise.

What Are Common Examples of Aggravated Assault?

The common examples of aggravated assault would be for instance:

• A man attacks his ex-girlfriend with a baseball bat due to domestic issues at home. He hits her many times, which causes her to suffer from severe head trauma and broken ribs. This is an aggravated assault with weapons that have been used to cause death or serious harm to the body. Thus the attacker faces felony charges and may face imprisonment from 10 to 20 years with serious fines.
• Another example would be a 30-year-old man being caught for shooting his neighbour due to a dispute over the property line. Though the bullet missed the neighbour’s head, the victim suffered from PTSD. This case would be charged as aggravated assault or attempted murder.
• Another type of case would be a police officer who is attacked by a man during an arrest. A broken bottle was used to injure the officer’s neck and face and thus is charged with aggravated assault.

These types of situations, as explained above, are types of aggravated assault. It also affects the public, as this instils fear and worry in them. The public is also outraged and distraught when they read about such an incident. The legal impact for the above cases would fall as felony charges and result in imprisonment.

What Are Common Defenses For Aggravated Assault?

Defendants can come up with many types of legal strategies to challenge the evidence presented by the prosecutor:

• The prosecutor must prove that the defendant purposely caused harm or attempted to cause harm with a weapon. Defences may argue that the action was accidental and that there is a lack of evidence to cause harm.
• If the prosecution states that the object was used, then the defendant may state that the object could not cause any form of harm or death.
• If both sides were involved in a fight and blows were exchanged, then the defence may state that the altercation was due to a case of mutual fight, not an act of intent.
• The defence may also argue that the act was out of self-defence or to protect themselves from the other person. Moreover, it would also be important to learn what a criminal defence counsel do before hiring them.

The burden of proof is the prosecutors to bear and thus they must state that:

• The defendant caused harm or threatened intentionally.
• An object was indeed used.
• The defendant had the intention to threaten or cause harm.