Simple Assault vs. Aggravated Assault

Asked over 2 years ago - Dallas, TX

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I punched a guy after an exchange of words and walked away. I later found out he called the cops and insisted he be taken to the hospital since he had a small cut above his eye. He got two stitches and somewhat of a black eye. Is this be considered a Simple Assault?

Attorney answers (3)

  1. Licensed in TX

    Dallas Criminal Defense Attorney
    Contributor Level 12

    Answered December 08, 2010 10:57. It could be considered eitheir depending upon the circumstances. The State might have alleged the use of a deadly weapon to wit: a closed first. Feel free to contact my office.

  2. Battle Creek Criminal Defense Attorney
    Contributor Level 18

    Answered December 08, 2010 11:31. In general the distinction is that in aggravated assault the victim received an injury of an aggravated nature. An injury that requires treatment, like stitches, can legally be considered an injury of an aggravated nature.

  3. Battle Creek Criminal Defense Attorney
    Contributor Level 18

    Answered December 08, 2010 11:31. In general the distinction is that in aggravated assault the victim received an injury of an aggravated nature. An injury that requires treatment, like stitches, can legally be considered an injury of an aggravated nature.

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