Why Do Prosecutors Charge Aggravated Assault Instead of Attempted Murder?

When it comes to criminal charges, the difference between an aggravated assault charge and an attempted murder charge can have significant consequences for a defendant. But why do prosecutors sometimes opt to charge someone with aggravated assault instead of attempted murder, even when the intent to kill is clear? In this blog post, we'll explore some of the reasons why prosecutors may choose one charge over the other.

The Difference between Aggravated Assault and Attempted Murder

Aggravated assault is typically defined as an assault with a deadly weapon or an assault that causes serious bodily harm. Attempted murder, on the other hand, involves an intent to kill and taking a substantial step towards carrying out that intent, but without actually causing the victim's death.

The key difference between the two charges is the defendant's intent. In an aggravated assault case, the defendant may have intended to cause serious harm, but not necessarily to kill the victim. In an attempted murder case, the defendant clearly intended to kill the victim, but for some reason was unable to carry out the act.

Prosecutors may choose to charge someone with aggravated assault instead of attempted murder for a variety of reasons, including:

1. Lack of Evidence: Prosecutors need to be able to prove intent beyond a reasonable doubt to secure a conviction for attempted murder. If there is not enough evidence to support an attempted murder charge, prosecutors may choose to charge the defendant with aggravated assault instead.
2. Negotiation: In some cases, prosecutors may choose to charge a defendant with aggravated assault instead of attempted murder in order to negotiate a plea bargain. This may result in a lighter sentence for the defendant.
3. Sentencing Considerations: Aggravated assault charges often carry a lesser penalty than attempted murder charges. In some cases, prosecutors may choose to charge a defendant with aggravated assault in order to secure a conviction and a more appropriate sentence.

It's important to note that prosecutors have a duty to bring charges that are supported by the evidence and that reflect the nature of the crime committed. However, they also have some discretion in deciding which charges to pursue and may consider factors such as the strength of the evidence, the defendant's criminal history, and the severity of the crime when making their decision.

Conclusion:

In conclusion, prosecutors may choose to charge someone with aggravated assault instead of attempted murder for a variety of reasons, including a lack of evidence, negotiation, and sentencing considerations. While the difference between the two charges may seem small, it can have a significant impact on a defendant's case and their potential sentence. If you are facing criminal charges, it's important to consult with a qualified criminal defense attorney who can help you understand your rights and options.

Summary:

• Aggravated assault involves an assault with a deadly weapon or an assault that causes serious bodily harm, while attempted murder involves an intent to kill and taking a substantial step towards carrying out that intent.
• Prosecutors may choose to charge someone with aggravated assault instead of attempted murder due to a lack of evidence, negotiation, or sentencing considerations.
• It's important to consult with a qualified criminal defense attorney if you are facing criminal charges to understand your rights and options.

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Video Why Do Prosecutors Charge Aggravated Assault Instead of Attempted Murder? (John's Briefs) - Active Self Protection Extra

The video explains why prosecutors often charge aggravated assault instead of attempted murder, sponsored by Firearms Legal Protection. John, a criminal defense attorney, explains the factors that prosecutors consider when deciding whether to charge a defendant with attempted murder or aggravated assault, including the evidence of premeditation and intent. He also highlights the differences in the penalties for the two charges and how a skilled criminal defense attorney can make a significant difference in the outcome of the case.