Serious bodily injury is one that poses a substantial risk of death, impairment of a body part or organ, prolonged disfigurement or diminishes the victim’s mental faculties. These kinds of injuries are often the result of an aggravated assault.
Many states break down the crime of assault into degrees based on the circumstances of the crime, with first degree being the most serious
First-Degree Aggravated Assault is a deliberate crime in which the perpetrator acts with premeditated cruelty. The perpetrator must have had the intent to cause, or attempt to cause, serious bodily injury (“great bodily harm”) to the victim.
The term “serious bodily injury” is used interchangeably with the terms “grievous bodily harm” and “great bodily injury.” All of them refer to injuries that cause extreme physical pain, unconsciousness, serious injury or disfigurement, and/or the long-term loss of use of any body part or organ. Serious bodily injury also refers to any injury that causes a substantial risk of death.
Factors that determine whether a perpetrator can be charged with an aggravated assault that results in serious bodily harm are:
Use of a weapon during the commission of the assault
Identity of the victim – if the victim is a policeman, a child or the target of a hate crime, the charges are more severe.
Intent – if it is clear that the perpetrator intended to cause serious bodily harm to the victim.
Severity of injuries – states determine what a perpetrator will be charged with based on the seriousness of the injuries to an individual. If the victim dies later as a result of the injuries received during the crime, the courts may upgrade the charge from aggravated assault to manslaughter or murder.
Causing serious bodily injury to a person can lead to severe legal consequences. An assailant convicted of such a crime could be forced to pay thousands of dollars in fines and face many years in prison. If you have been charged with causing someone serious bodily injury and need help, do not hesitate to contact Haley Law firm, LLC today. We can help you navigate the complex legal system and get you the best possible results under the law. Call us today to set up your free consultation.