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Simple Assault is a common charge with many nuances within the statute. In many cases, individuals are charged on the higher end of the statute. However, it is possible to limit one’s exposure by navigating the variations within the statute. Variations on simple assault include:
These variations within the Simple Assault statute can be significant in altering penalties for the offense. Often, a physical altercation may be charged as a Simple Assault when it’s actually “mutual combat.” When argued correctly, this defense can greatly reduce penalties and the simple assault grading.
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One of the biggest problems with assault charges is how easily a conflict can escalate from a simple assault to an aggravated assault.
The differences between the two are slight; however, the consequences are severe.
There are many reasons that a person can be charged with aggravated assault, but one of the more common reasons is the attempted or actual infliction of “bodily injury” (simple assault) and “serious bodily injury” (aggravated assault).
As you can imagine, the difference between the two can be very slight, but the differences in consequences is significant.