What Makes an Assault Aggravated?

two men in a heated discussion

Many people get confused about assault and battery charges, but everyone should understand how they work. Vaughan C. Jones, Attorney at Law is here to help you see the differences between simple assault and more severe charges.

Simple Assault

Simple assault charges have nothing to do with actual violence. Simple assault is when someone threatens someone else; however, there are other requirements for a simple assault charge.

Simple assault charges require three things:

  • A threat;
  • The means to carry out that threat;
  • The victim reasonably feared that battery would occur.

Simple assault charges are Class 1 Misdemeanors in Virginia.

Assault & Battery

Assault and battery charges are the same as simple assault charges except that the battery happened. By Virginia law, battery is defined as the simple touching of another, whether willfully or in anger. Therefore, contact made as a joke or as an insult may be charged as battery.

Assault and battery charges are also Class 1 Misdemeanors in Virginia.

Aggravated Assault & Wounding Charges

Many states have aggravated assault charges, but Virginia refers to aggravated assault charges as malicious wounding and unlawful wounding charges.

Virginia Law defines wounding as “shoot, stab, cut, or wound any person or by any means cause him bodily injury.” Therefore, any battery scenario that results in severe injuries for the victim will probably turn into wounding charges.

Malicious wounding is when the wounding was intended, whereas unlawful wounding is when the wounding was unintentional but unlawful.

Malicious wounding is a Class 3 felony, and unlawful wounding is a Class 6 Felony in Virginia.

Charged with Assault or Wounding Charges?

If you or a loved one was charged with assault or wounding, it’s a good idea to hire experienced criminal defense for your case. Attorney Vaughan C. Hones has practiced criminal law for decades, which means your case will be in good hands.

Call (804) 207-5735 now for a free consultation concerning your assault and wounding charges.

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