There are many different types of aggravated assault. Most state laws differentiate penalties based on what type of aggravated assault the actor engaged in. The following are some of the more common types of aggravated assault.
Assault With a Deadly Weapon
Most states apply greater penalties to anyone who uses a deadly weapon to injure another party. While “deadly weapon” can be defined in many different ways, it typically includes:
- All guns.
- All bladed implements, such as swords and knives.
- Large bludgeoning items that aren’t intended as weapons, like baseball bats.
- Explosives.
- Any type of poison.
- Any other item designed to incapacitate someone, like stun guns or pepper spray.
- Hand-to-hand strikes from someone trained in martial arts or other types of fighting.
The situation’s circumstances can also lead a court to consider something a deadly weapon that usually is not. For example, if a defendant intentionally set their dog upon someone, the dog could be considered as a deadly weapon even if it was otherwise good-tempered.
Similarly, if the victim in an attack was allergic to peanuts, and the defendant was aware of this fact and smeared peanut butter on the victim’s clothing, it could be considered assault with a deadly weapon. While peanut butter isn’t deadly to the average person, it is deadly to the victim.
Vehicular Assault
In some states, vehicular assault can be charged as assault with a deadly weapon. However, other states will charge this as a separate crime.
A vehicular assault is an intentional attack on a vehicle or an accident that occurred from reckless driving. Usually, it occurs when the actor intentionally drives their vehicle into another person’s vehicle, or into a person who isn’t protected by a vehicle. The latter, in particular, can cause serious injury or death.
However, this crime doesn’t have to involve a car or even a roadworthy vehicle. Vehicular assault could happen with farm or construction equipment. Even hitting someone with a bike might be considered aggravated assault in certain circumstances.
Similarly, while uncommon, a person could commit vehicular assault with a plane or water vehicle. Intentionally hitting someone with a boat while they are swimming is an example of this type of aggravated assault.
Assault That Isn’t Premeditated
Typically, most states will assign the most severe penalties to any assault where the actor planned to cause harm deliberately. However, all states also assign penalties to assaults that aren’t premeditated.
This often refers to situations where the actor was suddenly sparked to anger or drawn into a violent situation. A fight in a bar could be an example of assault that wasn’t premeditated. Two inebriated individuals might exchange words and find themselves in a fight. Neither party intended to hurt the other, but both are guilty of aggravated assault.
Assault Against a Child
In some states, intentional harm to a child is prosecuted as aggravated assault, even if the same actions wouldn’t be prosecuted against an adult. Children are considered more fragile than adults, and so almost any type of harm is considered potentially serious or deadly.
Aggravated Domestic Assault
When one person assaults another person that they are in a relationship with or who is a member of their family, the law usually defines that as domestic assault. The penalties for domestic assault may be less severe or more severe than other types of assault, depending on the state.
Aggravated domestic assault differs from domestic assault based on how seriously the victim was harmed. In most states that differentiate, it means that the perpetrator caused serious injury.
Aggravated Assault on a Protected Class Victim
In some states, any assault on someone who is a member of a protected class is considered aggravated assault. This includes victims such as first responders, court officers and prison employees. It can also include the elderly or people who are the victims of hate crimes.
Aggravated Sexual Assault
In many states, the definition of aggravated sexual assault takes into account the ways that someone may seriously harm the victim while also sexually assaulting them.
For example, the following circumstances may increase the severity of the charged crime:
- Any use of a weapon.
- Sexual assault during the commission of any other crime.
- Incest or sexual assault by a guardian.
- Any attempt to kill the victim.
- Severe injuries resulting from the sexual assault.
- Any use of a drug during the assault.
Whether the victim is unconscious or unable to give consent due to mental incapacitation can also be a significant factor.