A person can be convicted of Aggravated Assault where they assault a person:
- with the intent to murder, rape or rob;
- with a deadly weapon or object that is likely to inflict serious bodily injury; or
- with a firearm while they are traveling in a motor vehicle.
Aggravated Assault is a felony that is punishable by imprisonment from 1 to 20 years.
If the assault is against a peace officer, the minimum sentence is 5 years.
If the assault is against a person 65 or older, the minimum sentence is 3 years.
If the assault is against a correction officer, the minimum sentence is 5 years.
If the assault is in a public transit vehicle or station, the minimum sentence is 3 years.
If the assault was in conjunction with a “theft by taking”, the minimum sentence is 5 years, with a 50,000 to 200,000 dollar fine.
If the assault was done using a firearm while travelling in a motor vehicle, the minimum sentence is 5 years.
If the assault was done in a school safety zone against a student or teacher or other person working there, the minimum sentence is 5 years.
If the assault was done against a family member or previous spouse or cohabitant, the minimum sentence is 3 years.
The state regularly overcharges individuals with crimes they cannot be convicted of because the individual did not perform the acts defined in the criminal statute in an effort to intimidate the individual into a guilty plea.
You need to have an experienced and fearless lawyer who will defend your rights and ensure that you are not convicted of a crime that you did not commit. You also need to have a lawyer that will not buy into the false overcharging of individuals in order to give the appearance of a “good deal” when a lesser charge is offered.
You need to hire ROY YUNKER LAW.