Aggravated Assault

An assault attended by circumstances of aggravation, as the use of a weapon, or disparity of age or sex between the assailant and person assaulted. AGGRAVATION (Lat. ad, to, and gravis, heavy; aggravare, to make heavy), that which increases the enormity of a crime or the injury of a wrong. In Criminal Law. One of the rules respecting variances is that cumulative allegations, or such as merely operate in aggravation, are immaterial, provided that sufficient is proved to establish some right, offense, or justification included in the claim, charge or defense specified on the record. This rule runs through the whole criminal law, that it is invariably enough to prove so much of the indictment as shows that the defendant has committed a substantive crime therein specified. Per- Lord EUenborough. 2 Campb. 583; 4 Barn. & C. 329; 21 Pick. (Mass.) 525; 4 Gray (Mass.) 18; 7 Gray (Mass.) 49, 331; 1 Tayl. Bv. § 215. Thus, on an indictment for murder, the prisoner may be convicted of manslaughter, for the averment of malice aforethought is merely matter of aggravation. Co. Litt. 282a. In Pleading. The introduction of matter into the declaration which tends to increase the amount of damages, but does not affect the right of action itself. Steph. PI. 257; 12 Mod. 597. See 3 Am. Jur. 287-313. An example of this is found in the case where a plaintiff declares in trespass for entering his house, and breaking his close, and tossing his goods about. The entry of the house is the principal ground and foundation of the action, and the rest is only stated by way of aggravation (3 Wils. 294), and this matter need not be proved by the plaintiff, or answered by the defendant.

An assiult with circumstances of aggravation, or of a heinous character, or with intent to commit another crime. See Assavu Lr. Defined in Pennsylvania as follows: “If any person shall unlawfully and maliciously {ntliet upon another person, either with or without any weapon or instrument, any grievous bodily harm, or unlawfully cut, stab, or wound any other person, he shall be guilty of a misdemeanor,” ete. Brightly, Purd. Dig. p. 484, § 167.