What is the difference between an aggravated assault and a simple assault?

An aggravated assault is a more severe form of assault than a simple assault. In Delaware, an aggravated assault is defined as an attack using a deadly weapon, or an attack that causes serious physical injury. In contrast, a simple assault is an attack which causes minimal physical harm or intimidates someone without using a deadly weapon. In Delaware, an aggravated assault is a Class B felony – resulting in a 3-year minimum jail sentence. Furthermore, the assailant may also be fined up to $15,000. A conviction for aggravated assault can also carry a probation period and community service. In contrast, a simple assault in Delaware is a Class A Misdemeanor – resulting in a maximum jail sentence of up to 1 year. Additionally, the assailant may also be fined up to $2,300. Other penalties for a simple assault can include probation and community service. The difference between an aggravated assault and a simple assault is determined by several factors, including the intensity and type of the attack, the extent of the injury, and the presence of a deadly weapon. If an act of assault meets the criteria of an aggravated assault in Delaware, it is considered a more serious crime with more severe penalties.

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