Monday, August 20, 2012

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.

Sunday, August 5, 2012

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.