Simple assault refers to the application of direct force — or the threat to do so. Aggravated assault is a more serious version that usually involves a weapon, significant injury, or victims in a protected class. The penalties are more severe for cases of aggravated assault than for simple assault. Moreover, a conviction for felony aggravated assault can trigger even higher jail sentences in states with “Three Strikes” laws. Simple assault charges can be upgraded to aggravated assault if the police or prosecution discovers evidence supporting the upgrade. Conversely, aggravated assault charges can be downgraded with successful negotiation by skilled criminal defense lawyers in the right circumstances. Criminal law attorneys can also assess whether or not an accused has a viable legal defense and should go to trial. That is why it is always recommended to seek legal advice if you are charged with an offense or expect to be.
