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Simple assault involves an intentional act that causes another person to be in reasonable fear of an imminent battery. Simple assault may also involve an attempt to cause harm to another person, where that attempt does not succeed. Simple assault is typically classified as a misdemeanor offense, unless the victim is a member of a protected ...
Aggravated assault, for example, is usually differentiated from simple assault by the offender's intent (e.g., to murder or to rape), the extent of injury to the victim, or the use of a deadly weapon. An aggravating circumstance is a kind of attendant circumstance and the opposite of an extenuating or mitigating circumstance, which decreases guilt.
Battery is aggravated when using a weapon or dangerous object, when it results in disfigurement or serious physical injury. Assault and battery are classified as aggravated when directed towards a person with special status such as a law enforcement officer or elderly person. Assault becomes aggravated given the intention to murder or rape.
This is due to a variety of definitions and use of terminology to describe sexual offences within territories and states as each territory and state have their own legislation to define rape, attempted rape, sexual assault, aggravated sexual assault, sexual penetration or intercourse without consent and sexual violence.
The UCR excludes simple assault (attacks or attempted attacks without a weapon resulting in either no injury or minor injury) and sexual assault, which are in the NCVS. The NCVS data are estimates from a nationally representative sample of U.S. households, but the UCR data are based on the actual counts of offenses reported by law enforcement.
Mutual combat, or consent to do battle, is an affirmative defense in assault and aggravated assault cases in the Lone Star State. Washington is the only other state in the union that allows this .
Aggravated sexual assault can lead to short- or long-term effects. Many people who have been sexually assaulted have experienced a continuing effect, of mental or physical nature, or both; such effects may include trauma to the body, emotional trauma, or again, both.
Other states are hoping to lead by example — including Illinois, which in 2019, with the help of the Illinois Coalition Against Sexual Assault, passed House Bill 2135, removing the statute of ...