Criminal law tackles a slew of cases from liability to
murder. Violence is a concept that is seen in majority of abuse and
murder charges, especially in cases of aggravated assault and excessive force.
The FBI categorizes violence cases in murder/non-negligent manslaughter, rape,
robbery, and aggravated assault. The order at which the categories were presented
is according to increasing severity; however, the final verdict regarding
the conviction and the circumstances surrounding the crime are all up
to the prosecution and defense to present and the jury to decide.
In 2011 alone, an estimated 1.2 million violent crimes were committed in
the United States. While the value is troubling, those numbers actually
decreased by 3 percent since 2010. However, 1.2 million crimes of violence
against another person or group of persons is not a think to be taken
lightly. These numbers only account for the number of crimes that happened,
meaning that more than 1.2 million people were victims of violence.
Thatis a worrying statistic.
Aggravated assault holds the top spot as the violent crime that more reported.
Out of 1.2 million cases, 62.4 percent of them were cases of aggravated
assault. The remaining percentages were 29.4 for robbery, 6.9 for rape,
and 1.2 percent for murder. Like murder, which comes in first to third
degree as the case becomes more severe, assault is also punished more
and more severely the more aggravated the case is presented.
The severity of an assault cases rises, depending on factors like the intent
of the attack, use of weapon, status of the victim before and during the
attack, and resulting injuries after. Sometimes, even the location of
the assault, like the victim’s home while he or she was sleeping
can be classified as aggravated assault. The most severe cases can be
classified as a felony while simple assault cases are typically classified asmisdemeanors. Felony literally means “serious crime” in French, an apt
name for cases that are filed under it. Lesser crimes are called
Assault with a weapon
Different objects can be classified as deadly weapons, not just guns and
similar implements. Depending on the manner which the object is used,
even a letter opener or a pocket knife can be included in a case of assault
with a deadly weapon. Basic assault does not require actual harm being
done; the mere act of threatening someone with a weapon classified as assault.
Status of the victim
Status can refer to health status, sexual orientation, race, and even occupation.
Aggravated assault is usually charged if the attacked premeditated the
action and proceeded to attack the victim during a vulnerable time, such
as work. There is a specific term used for cases that involve targeting
people of a particular race of sexual orientation – hate crime.
At Kyle law Firm, we specialize in criminal law and personal injury –
concepts both found in crimes that involve violence. Need a consult regarding
these kinds of cases? Give us a call or make a visit in person; we will
be sure to accommodate you.