If the criminal charge of common or simple assault is committed by inflicting bodily harm or injury or by threatening another with imminent bodily harm or injury, how is it different from an aggravated assault? Both crimes require the infliction or threat of infliction of bodily harm or injury.
The only difference between these two crimes is that in aggravated assault, the force used to inflict the harm or injury must be unlawful and malicious and that the harm or injury must be of a serious nature.
A police officer who uses force which results in injury on a suspect who resists arrest cannot be said to be inflicting an unlawful or malicious bodily harm on that suspect. His intent is not to harm or hurt the suspect but merely to enforce the lawful order from the court to place him under arrest. The force he uses is not unlawful as he is performing a legal duty as a police officer.
Thus, in any prosecution for aggravated assault, one possible defence that an accused can raise is the lack of malicious intent to inflict harm on the victim; or the lack of criminal desire to injure the victim. Another possible defence in a criminal charge for aggravated assault is that the force used upon the complaining victim that caused him injury was lawful. In this regard, the accused can present evidence that the complaining victim provided a provocation or that the accused was merely defending himself from an attack by the victim or a third party.
Another possible defence is that no serious bodily harm or injury resulted from the actions of the accused. Thus, if in the course of the trial, the accused can prove that the victim did not sustain a bodily injury or that the injury sustained by him was not serious then the crime of aggravated assault was not committed. These are good defences that can be raised by an accused in an aggravated assault.
This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers. Criminal Lawyers Brisbane , Criminal lawyers Sydney ,Criminal lawyers Melbourne,criminal lawyers Perth
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.