What is the Difference Between Aggravated Assault and Battery?

A Man Assaults Another.

What is the difference between aggravated assault and batttery?

You often hear assault and battery used together, but they are actually different offenses. Moreover, assault and aggravated assault are also different charges. How, exactly, do these charges differ? Anytime someone exhibits an attempt to hurt someone and cause bodily harm, they’ve committed an assault. No harm actually has to be done for an assault to occur, as long as a person is shown to have intent to do harm. 

An aggravated assault occurs when you exhibit intent to harm someone using a weapon or when you show an extreme lack of concern for human life. A person charged with DUI could also be charged with aggravated assault when he or she puts other lives at risk of significant harm. Aggravated assault is also referred to as assault with a deadly weapon.

When you actually harm someone, you’ve committed a battery. You can face assault and battery charges at the same time. If you threaten someone and then follow through by actually hitting them, you’ve committed both assault and battery. If you’ve been arrested and charged with assault and you need aggravated assault bail bonds in Lebanon and Reading, PA, get help fast from Bail Shop, LLC. We’re available 24/7. All you need to do is call 888-224-5711.

Is aggravated assault a felony in PA?

If you are charged with aggravated assault in Pennsylvania, it is considered a felony offense. A simple assault is considered a misdemeanor offense. What differentiates the two charges is the severity of the injury or severity based on the intent.  

What are the three types of assault?

When you are arrested on assault charges, there are three types of charges that fall under the term “assault”.

  • Simple assault: This type of offense involves intentionally making a threat of harm or blocking or approaching someone while openly carrying or wearing a weapon
  • Assault causing bodily harm: If you threaten to use a weapon or cause bodily harm, then you’ve committed this offense.
  • Aggravated assault: When you wound or harm someone in particular when a weapon is involved or you show no regard for human life. 

Is pushing a form of assault?

A push could be considered a form of simple assault in Pennsylvania. The push must meet the criteria of assault: when you push a person, you must be intentionally trying to harm that person for an assault to occur.

Is slapping someone an assault?

As with a push, if a slap was used to intentionally harm someone, or made them feel threatened of harm, then a slap would be considered an assault. This would normally fall under a simple assault unless serious harm was caused by a slap. 

What is aggravated assault of a child?

No matter what age a person is, if you brandish a weapon with the intent to harm that person, you’ve committed aggravated assault. Aggravated sexual assault is a different charge. If a sexual assault is committed against a person under the age of 14 and any threats of force, use of force or use of weapons was involved, the charge becomes aggravated sexual assault of a child.

Aggravated assault for a minor

Aggravated assault charges are just as serious for a minor as they are for an adult. They are so serious, in fact, that a minor will likely be tried in adult court rather than juvenile court, and be penalized thusly.

Can aggravated assault be expunged?

When a crime is expunged from court records that means it is completely erased from public records. Because criminal charges can negatively affect you especially when trying to get a job or applying for loans, even when dismissed, you can try to get them expunged from the record. In 2018, Pennsylvania expanded its expungement laws to include violent offenses like aggravated assault. Although the expungement process is difficult, you can now try to get an aggravated assault charge expunged from your record. You have to meet certain requirements to be eligible to have the charge expunged. The requirements vary but include such elements as the age of the person, their current criminal record, and whether they’ve fulfilled terms of a sentence for the conviction.   

Can I sue someone for aggravated assault?

Anytime someone harms you intentionally or threatens to harm you, not only can that person be charged and convicted of assault, they may be liable for damages in a civil case as well. You can sue for a variety of reasons ranging from economic loss to pain and suffering. If you were hospitalized for injuries suffered, for instance, and had to miss work, you could sue to cover the cost of medical bills and lost income. 

Of course, if you plan to file a lawsuit in an assault case, you aren’t guaranteed compensation if you win the case. That’s because your assailant is the person solely responsible for paying the damages. If they don’t have the means to make compensation, it might not be worth the effort. You could be out legal fees and gain nothing in return.

A Man in Handcuffs.

Call Us Today

If you’ve been arrested and need bail for aggravated assault in Lebanon and Reading, PA, you’ll get fast, effective service from the professionals at Bail Shop, LLC. You can reach our team 24/7 for bail bond services by calling 888-224-5711. We also offer a wide range of other services such as legal plans for you and your family.