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As a successor to the common law crime of mayhem, this is sometimes subsumed in the definition of assault. In Florida, aggravated battery is the intentional infliction of great bodily harm and is a second-degree felony, [14] whereas battery that unintentionally causes great bodily harm is considered a third-degree felony. [15]
There also exist alternative forms of aggravated assault in English law, for example: assault or battery with intent to resist arrest (as above, the arrest must be lawful); and assault on, resistance to, and obstruction of constables. [55] Under the Crime and Disorder Act 1998, it is also possible to commit a racially aggravated assault. This ...
Aggravated assault involves more serious actions, such as an assault that is committed with the intent to cause a serious bodily injury, or an assault that is committed with a deadly weapon such as a firearm. Aggravated assault is typically classified as a felony offense. Modern American statutes may define assault as including:
And it is then possible to consider degrees and aggravations, and distinguish between intentional actions (e.g., assault) and criminal negligence (e.g., criminal endangerment). Offences against the person are usually taken to comprise: Fatal offences Murder; Manslaughter; Non-fatal non-sexual offences Assault, or common assault; Battery, or ...
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.
As distinguished from battery, assault does not need to involve the 'unwanted physical contact; but is the anticipation of such contact'. [4] It only needs intent to make or threaten contact and the resulting apprehension. [5] At one point, the common law understanding of assault required more than words alone, it also required an overt act.
A scary, sobering look at fatal domestic violence in the United States
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.