Aggravated Assault
Aggravated assault is, by its very name, more serious than simple assault. It involves the use of a dangerous weapon or infliction of serious bodily harm.
The crime of aggravated assault is committed when any person: (1) who, with an intent to do bodily harm, offers to do bodily harm with a dangerous weapon; or (2) who, in committing an assault, inflicts substantial bodily harm or grievous bodily harm on another person.
The definition of what constitutes a “dangerous weapon” is particularly important. While most people would think of a dangerous weapon as a gun, a knife, or a baseball bat, the definition of a dangerous weapon under Article 128 is much broader.
In short, any weapon capable of inflicting death or serious bodily harm is considered dangerous. This would include objects like a bottle, a beer glass, a rock, a piece of pipe, boiling water, drugs, or a rifle butt. Under the right circumstances, even a service member’s fists, teeth, feet, elbows, or other body parts could be considered dangerous weapons.
