Dover Aggravated Assault Lawyer

Everyone Deserves the Best Defense

It is essential to have a comprehensive understanding of the legal implications of aggravated assault charges. In Delaware, aggravated assault is a serious criminal offense that can result in severe penalties, including imprisonment, hefty fines, and a criminal record that can have lasting consequences.

Aggravated assault is defined as an intentional or reckless act that causes serious bodily harm to another person or involves the use of a deadly weapon. It is considered a felony offense and carries a sentence of up to 15 years in prison and a fine of up to $10,000. In addition to these penalties, a conviction for aggravated assault can also result in a loss of certain rights, such as the right to bear arms or the right to vote. Therefore, it is essential to have an experienced criminal defense attorney when facing aggravated assault charges.

The Delaware criminal defense attorneys at Schmittinger & Rodriguez have decades of experience with legal issues and providing legal representation in assault cases. We know how to protect your constitutional rights, evaluate the evidence, the potential consequences including jail time, and how to best resolve the criminal charges. We will conduct thorough investigations, negotiate plea deals, and present a strong defense in court.

What Is Aggravated Assault
In Delaware?

In Delaware, aggravated assault is defined as an intentional or reckless act that causes serious bodily harm to another person or involves the use of a deadly weapon. Here are the key elements of the crime of aggravated assault:

    1. Act: The defendant must have engaged in an act that caused serious bodily harm to another person or used a deadly weapon in an assault.

    2. Intent: The defendant must have intended to cause serious bodily harm to the victim, or acted with reckless disregard for the safety of others.

    3. Serious bodily harm: The harm caused by the defendant’s actions must have been serious, such as a significant risk of death, disfigurement, or impairment of a bodily function.

    4. Use of a deadly weapon: If the defendant used a deadly weapon in the commission of the assault, this can also constitute aggravated assault.

    5. Causation: The defendant’s actions must have been the direct cause of the serious bodily harm to the victim.

The charge for aggravated assault can range from Class D to Class B Felonies, depending on the severity of the act and any existing criminal records. It is important to note, however, that other factors such as whether or not a deadly weapon was used can also influence the severity of this charge.

If you are facing aggravated assault charges in Delaware, it is important to contact experienced criminal defense lawyers who can help protect your rights and guide you through this difficult process. A strong defense strategy may involve challenging the prosecution’s evidence on one or more of these elements or presenting evidence that disputes the prosecution’s case and provides the jury with reasonable doubt as to the charge against you.

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Contact Schmittinger & Rodriguez

If you or someone you love has criminal charges, contact Schmittinger & Rodriguez today for a consultation. YOUR CASE. OUR PRIORITY.

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Brian Jenkins
2023-10-05
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2023-10-04
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2023-09-17
I was recommended to this law office by my doctor after my car accident in the summer of 2021. I ended up working with Mr. Catts. I appreciate how forthcoming and hardworking he was about my case. The office is extremely professional to ensure that I got the best settlement that I could get. The open communication eased my mind and allowed me to handle things I needed to for myself. Definitely recommend them if you want lawyers that give you results.
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How Is Aggravated Assault Different Than Regular Assault?

It is important to understand the legal distinctions between aggravated assault and regular assault. Here are some key points to consider:

    • Aggravated assault is a more serious offense than regular assault. It involves the intentional or reckless causing of serious bodily harm to another person, or the use of a deadly weapon in an assault.

    • Regular assault, on the other hand, typically involves a lesser degree of harm and does not involve the use of a deadly weapon.

    • The severity of the injuries and the use of a deadly weapon are the key factors that differentiate aggravated assault from regular assault.

    • Aggravated assault is considered a felony offense in Delaware, while regular assault may be charged as either a misdemeanor or a felony depending on the circumstances of the case.

    • In Delaware, a person can be charged with aggravated assault even if they did not intend to cause serious bodily harm, as long as their actions resulted in such harm.

    • The penalties for aggravated assault in Delaware are more severe than those for regular assault. Aggravated assault carries a maximum penalty of 15 years in prison and a fine of up to $10,000, while regular assault may result in imprisonment for up to one year and a fine of up to $2,300.

If you are facing an assault charge, you will want to consult with the assault attorneys at Schmittinger & Rodriguez. Only an attorney can evaluate your case and how to best defend you. This may involve challenging the severity of the injuries, questioning the use of a deadly weapon, or arguing self-defense or defense of others.

What Are The Penalties For Aggravated Assault?

Aggravated assault is considered a felony offense in Delaware, and the penalties can be severe. The specific penalties may depend on the circumstances of the case, such as the severity of the injuries, the use of a deadly weapon, and the defendant’s criminal history. Here are some of the potential penalties for aggravated assault in Delaware:

    1. Imprisonment: Aggravated assault carries a maximum penalty of 15 years in prison. The actual length of the sentence may depend on the specific facts of the case, such as the severity of the injuries and the use of a deadly weapon.

    2. Fines: A person convicted of aggravated assault may also be subject to fines of up to $10,000.

    3. Restitution: The defendant may also be required to pay restitution to the victim to compensate for any financial losses incurred as a result of the assault.

    4. Probation: In some cases, a defendant may be sentenced to probation instead of imprisonment. This may involve various conditions, such as regular check-ins with a probation officer and adherence to certain rules.

    5. Loss of rights: A person convicted of aggravated assault may also lose certain rights, such as the right to own a firearm.

What Are The Defenses To Aggravated Assault Charge?

Here are some common defenses that may be raised in such cases:

    1. Self-defense: If the defendant can show that they acted in self-defense, this may be a valid defense to an aggravated assault charge. The defendant must demonstrate that they reasonably believed that they were in imminent danger of serious bodily harm and that their use of force was necessary to defend themselves.

    2. Defense of others: Similar to self-defense, a defendant may argue that they were acting to defend someone else who was in danger of serious bodily harm.

    3. Lack of intent: If the defendant can show that they did not intend to cause serious bodily harm, this may be a defense to an aggravated assault charge. For example, if the harm caused was the result of an accident or mistake, this may be a viable defense.

    4. Consent: If the alleged victim consented to the defendant’s actions, this may be a defense to an aggravated assault charge. However, consent is only a defense if it was given voluntarily and the victim had the capacity to give consent.

    5. Alibi: If the defendant can prove that they were not present at the scene of the alleged assault, this may be a defense to the charge.

    6. Lack of evidence: If the prosecution lacks sufficient evidence to prove each element of the crime beyond a reasonable doubt, this may be a defense to the charge.

The legal issue a criminal defense lawyer faces when defending the accused in assault cases can have a wide range. An experienced lawyer will evaluate the incident, the evidence, the injury suffered, and the investigation by the police. A defense may involve challenging the prosecution’s evidence or arguing that the defendant’s actions were justified under the circumstances. There may not be sufficient proof of a felony assault or the charge by the prosecutors is wrong and it might not be first-degree and instead may only be third-degree assault. In any case, on the advice of your criminal defense lawyer, it might be best to enter into a plea agreement rather than risk a trial and be found guilty.

the benefits of

Hiring an Experienced Assault Defense Attorney

Hiring criminal defense attorneys ensures that you have the right attorney with whom you can share confidential information about charges against you to determine what steps are in your best interest and will make for the best defense.

At Schmittinger & Rodriguez, we understand how difficult and stressful it can be to be arrested or charged with aggravated assault. Our team has decades of combined experience handling these sensitive matters offering clients peace of mind that they and their loved ones are legally protected as they move through the legal system.

If you or someone you love has criminal charges, contact Schmittinger & Rodriguez today for a consultation. YOUR CASE. OUR PRIORITY.

Assault defense FAQs

Can I be charged with aggravated assault if I didn't intend to cause serious bodily harm?

Yes, you can still be charged with aggravated assault if your actions resulted in serious bodily harm, even if you didn't intend to cause such harm. However, your intent will be a factor considered by the court when determining your guilt and the appropriate penalty.

Can I defend myself against aggravated assault charges?

Yes, you have the right to defend yourself against aggravated assault charges. This may include presenting evidence that disputes the prosecution's case, arguing self-defense or defense of others, or negotiating a plea deal with the prosecution.

Should I hire a lawyer for my aggravated assault case?

Yes, it is highly recommended that you hire an experienced criminal defense lawyer to represent you in your aggravated assault case. A skilled attorney can help protect your rights, build a strong defense, and negotiate with the prosecution to achieve the best possible outcome for your case.

What happens if I am convicted of aggravated assault in Delaware?

If you are convicted of aggravated assault in Delaware, you will face significant penalties, including imprisonment and fines. You will also have a criminal record that can have lasting consequences, such as difficulty finding employment or housing.

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