AGGRAVATED

OFFENSES

Aggravated offenses, along with Sexual offenses, are the most serious and most difficult offenses to defend. They have severe punishment ranges and often involve the use of deadly force or attempted deadly force. They include the offenses of Aggravated Robbery, Aggravated Assault, Aggravated Kidnapping, Aggravated Sexual Assault and Murder.


Except for Aggravated Kidnapping the other four offenses are tried on a regular basis.


Aggravated Assault- Of the Aggravated offense this one may have the greatest range of possible punishment results. The reason for this is because it can involve a serious bodily injury, or it can be simply the exhibition of a deadly weapon.


The definition of a deadly weapon includes:


  1. either a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury or
  2. anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.


Almost anything can be used as a deadly weapon capable of causing death or serious bodily injury. The range of punishment for an Aggravated Assault offense is between 2-20 years in prison and up to a $10,000 fine.


Aggravated Robbery- Of the Aggravated offenses, Aggravated Robbery would be either number one or number two on the list of most tried felony crimes. The punishment range is 5-99 years in prison and most offers start in the 20 years in prison range.


Aggravated Sexual Assault- Sexual Assault cases, including Aggravated Sexual Assault would be the other group of most often tried felony offenses.


Aggravating factors can include the use of a deadly weapon, the use of "date' rape drugs and the age or condition of the alleged victim. 


The offers for these categories of offense will start in the 25-30 years in prison range.


I cannot stress on how you need an experienced Board-Certified Criminal Law Attorney for these types of offenses. You need to have an attorney who has DEFENDED these types of cases, NOT PROSECUTED them.


Defending serious criminal charges is nothing like prosecuting them. The prosecution has everything on their side including the high probability of a judge who was a former prosecutor, skewed laws, the police, a sympathetic alleged victim, and a pro State jury. These cases are often emotional and that always favors the State. Unfortunately, jurors, along with people in general, are swayed more by their hearts than their heads.


The presumption of innocence is not more than a facade when it comes to offenses such as these.

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