TOP 10 TIPS FOR AGGRAVATED BURGLARIES

 

1. DO NOT BE HEROIC

Unnecessary confrontation can turn a burglary into an assault. No amount of money or property is worth a life.

2. STAY CALM

This is not easy during a stressful confrontation. Try to control fear by concentrating on observing and making mental notes of the offender’s description and actions.

3. OBEY THE OFFENDER’S INSTRUCTIONS

Do only what you are told, nothing more, nothing less. Do not volunteer any information to the offender.

4. BE DELIBERATE IN YOUR ACTIONS IF INSTRUCTED BY THE OFFENDER

Do not move suddenly or unexpectedly and say where you are moving to before doing so. Use non-threatening behavior and avoid eye contact. The offender may become agitated if they perceive your behavior as threatening.

5. OBSERVE THE OFFENDER AS MUCH AS POSSIBLE

In particular note the voice, words used, mannerisms, clothing, physical description and any distinguishing features such as scars, moles or tattoos. Write down any observations as soon as possible after the offender has left.

6. KNOW YOUR ESCAPE ROUTES

Keep keys to windows and doors near the locks for easy access. However, do NOT block the offender’s exit as it may escalate the situation.

7. AS SOON AS THE OFFENDER LEAVES

Preserve the crime scene. Do not touch or wipe down surfaces. Avoid interfering with any firearms, ammunition, cartridges or bullet holes.

8. PHONE POLICE BY DIALLING EMERGENCY NUMBER “000” WHEN SAFE TO DO SO

This may be during the burglary by someone undetected in the house. Keep the phone line open with police at all times, until otherwise directed. Ask police to call an ambulance if necessary.

9. CAREFULLY OBSERVE ANY VEHICLE USED BY THE OFFENDER

Take particular note of the registration number, type, colour, and any other distinguishing features and the direction of travel.

10. DO NOT DISCUSS THE INCIDENT WITH OTHER PERSONS PRESENT UNTIL POLICE ARRIVE.

Different people have different interpretations of the sequences of events. Any discussion between people involved may create problems with the investigation and court proceedings.

What Is the Crime of Aggravated Assault?

In most cases, a person has to intend to do bodily harm to be charged with aggravated assault, but in some states the charge can be brought if someone negligently causes an injury to another with a deadly weapon.

Intent Is a Factor

In some jurisdictions, if the person intended to cause bodily harm against the victim, even if they did not successfully do so, they can be charged with aggravated assault. For example, if a person attempts to kidnap someone in order to rape them, but fails to succeed, they can still be charged with aggravated assault in some states.

In some jurisdictions, merely putting someone else in fear of serious bodily harm - some states call it menacing - can bring a charge of aggravated assault. There does not have to be any actual physical contact.

Victim Status Can Make a Difference

The status of the victim can cause a simple assault to be raised to the level of an aggravated assault in some cases. If the victim is a public servant, such as a police officer or a teacher, working in that capacity at the time of the assault, the perpetrator can be charged with aggravated assault.

The age of the victim can also come into account in bringing more serious assault charges. If a person attempts to have sex with a child - some states say a person under age 14, others say age 12 - the perpetrator can be charged with aggravated sexual assault, rather than simple sexual assault.

 

What Is an Aggravated Felony?

Aggravated felony covers a long list of crimes committed by non-citizens of a country with varying punishments. People that can be charged with this type of crime include aliens still awaiting their legal permanent resident status, those seeking asylum and those wanting to escape deportation proceedings.
In the U.S., the term aggravated felony came into being in 1988. It was first conceptualized in the Anti-Drug Abuse Act of 1988 as a way to fight drug trafficking in the country. Since then, its meaning has expanded.
Further, the Immigration and Nationality Act in 1988, the Antiterrorism and Effective Death Penalty Act of 1996 and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 led to added more crimes classified as aggravated felonies. These include murder, drug and firearms trafficking, gambling, passport fraud, rape, sexual abuse of a minor, theft, prostitution and child pornography crimes, bribery, perjury and conspiracy among many others.

Non-citizens of a country convicted of aggravated felony are immediately deported. But this occurs after the person has completed serving his prison term as a result of the crime he or she committed. Once convicted, an alien is required to be detained while awaiting his deportation.

Aliens are normally covered by immigration laws and can be deported when they violate laws not only involving immigration but even when they engage in activities that threaten a country’s security and commit crimes. Those convicted of aggravated felony can be automatically deported regardless of their immigration status, their length of stay in the country, the presence of family members who are already citizens of the country and the strength of their ties to the community.

 

What is aggravated assault?

Aggravated assault is an attempt to cause serious bodily injury to another or to cause serious bodily injury purposely, knowingly or recklessly, with an extreme indifference to the value of human life. Aggravated assault also occurs when a person attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon. In all jurisdictions, statutes punish aggravated assaults, such as assault with the intent to murder, rob, kill, or rape, as well as assault with a dangerous or deadly weapon, more severely than simple assaults.

Aggravated Assault vs. Simple Assault

As opposed to aggravated assault, a simple assault (also just “assault”) is any willful attempt or threat to inflict injury upon the person of another. What this means is, an assault may be committed without actually touching, striking, or doing bodily harm to the person of another. An intentional display of force that would give the other person reason to fear or expect bodily harm constitutes assault. For example, if an individual threatens another while holding up his or her fist, this is probably simple assault. However, if the assailant has a deadly weapon while threatening injury upon another, this would most likely elevate the charge to aggravated assault.

Deadly weapons are weapons that may be used to cause a serious or fatal injury. Deadly weapons include guns and knives, but can also include other instruments that, under normal circumstances, wouldn’t be considered deadly weapons. For example, suppose an assailant threatens an individual with bodily harm while holding a butter knife to their neck. While a butter knife is not normally considered to be a deadly weapon, a jury could find that it was being used as one under these circumstances.

A simple assault can also rise to the level of an aggravated assault charge depending on the identity of the victim. Some states will prosecute any type of assault on an on-duty police officer or firefighter as an aggravated assault. Some states will even elevate the assault charges when the victim is pregnant. Generally, the assailant must have known, or should have reasonably known, of the victim’s status. Whether the assailant knew or not can be shown by either the uniform, appearance, or the conduct of the victim.

Degrees of Aggravated Assault

The definitions of the different degrees of aggravated assault vary according to state laws. In general, however, first degree aggravated assault occurs when the act is committed with deliberately premeditated malice aforethought. This means there must be either an intentional attempt to commit serious bodily injury or intentional serious bodily injury must have been committed.
Second degree aggravated assault occurs when the act is committed without deliberation or premeditation. However, the mental state of “reckless indifference” can elevate a lesser charge to a second degree charge, as can a protected status of a victim, such as a police officer. Lesser offenses include third degree aggravated assault and fourth degree aggravated assault. These charges are usually brought if the assailant attempts to commit significant bodily harm, rather than serious bodily harm. Lesser offenses are usually seen in fist fights and other similar situations, but the penalties for committing these offenses are still high.

Aggravated Assault Defenses

Aggravated assault defenses vary by jurisdiction. However, there are several common defenses that may apply to all levels of assault. Consent, prevention of crime, and official acts are some examples of common aggravated assault defenses. Consent essentially means that the victim consented to the risk of harm. When there is consent, the victim can be prohibited from bringing an action when an assault occurs. Consent may be a defense in cases of horseplay, games (boxing, wrestling, martial arts), surgery, and even getting a tattoo or a piercing.

The defense of prevention of crime is used when the assailant was acting to protect himself in self-defense or was acting to protect others, which is called defense of others. The prevention of a crime can also mean the defense of property. Self-defense or the defense of others can be used when the assailant can show that the reason for committing the assault was based on a reasonable fear for their own safety or the safety of another.

Defense of property occurs when the assailant commits an assault to protect their property from an individual. In these cases, courts will generally allow the use of reasonable force to protect one’s own property from theft or damage. A defense based on an official act is most commonly used in cases where forceful arrests are made.

Penalties for Aggravated Assault

Aggravated assault penalties depend on the degree and any injuries that may have occurred. Penalties also depend on the state where the assault took place. Aggravated assault charges can be treated as misdemeanors in some states, while other states will treat this charge as a felony. For example, in some states average fines and jail time for an aggravated assault conviction range from $150-$500 and from four months to one year in county jail, while in others, fines and jail time average $10,000 and up to 15 years in prison.
Because penalties for this type of crime depend on both the degree of assault and the state in which the assault was committed, an individual should always talk to a lawyer to determine accurate penalties for his or her case. Possible penalties for aggravated assault include jail time, probation and electronic monitoring, fines and court costs, parole, mandatory anger management classes, restitution for the victim, and/or loss of the right to own or possess a firearm or weapon.

Aggravated Assault Convictions

A conviction of an aggravated assault charge can have serious consequences on your life, especially if it is treated as a felony conviction. Many places of employment will not hire convicted felons, and if you already hold a professional license, you may not be able to get it renewed with a sustained felony conviction. A felon can also lose basic rights for a number of years, such as the right to vote, serve on a jury, or own a firearm.
In states that have “three-strikes” laws, such as California, a felony aggravated assault conviction can also count as a “strike.” This means that if you already have two other felony convictions, or are convicted with other felonies in the same trial, a third strike for aggravated assault can put you in prison for life.
If you have been charged with aggravated assault, you will need a criminal defense attorney to advocate on your behalf. A criminal defense attorney can explain the legal details of the charges against you, the consequences, and whatever options you may have for a defense.

 

Aggravated assault is the crime of physically attacking another person which results in serious bodily harm and/or is committed with a deadly or dangerous weapon such as a gun, knife, sword, ax or blunt instrument. Aggravated assault is usually a felony punishable by a term in state prison. It may involve, among other things, assault with intent to rape, maim or murder.

The following is an example of a state statute dealing with aggravated assault:

"A person is guilty of aggravated assault if he:

1. attempts to cause serious bodily injury to another, or causes such injury intentionally, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life;
2. attempts to cause or intentionally, knowingly or recklessly causes serious bodily injury to any of the officers, agents, employees or other persons enumerated in subsection (c) or to an employee of an agency, company or other entity engaged in public transportation, while in the performance of duty;
3. attempts to cause or intentionally or knowingly causes bodily injury to a any of the officers, agents, employees or other persons enumerated in subsection (c), in the performance of duty;
4. attempts to cause or intentionally or knowingly causes bodily injury to another with a deadly weapon; or
5. attempts to cause or intentionally or knowingly causes bodily injury to a teaching staff member, school board member, or other employee, including a student employee, of any elementary or secondary publicly-funded educational institution, any elementary or secondary private school licensed by the Department of Education or any elementary or secondary parochial school while acting in the scope of his or her employment or because of his or her employment relationship to the school.
6. attempts by physical menace to put any of the officers, agents, employees or other persons enumerated in subsection (c), while in the performance of duty, in fear of imminent serious bodily injury."