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Common assault can be elevated from summary only to an either way offence like actual or grievous bodily harm if the assault actually occasions actually some definite bodily harm.
But are there any other factors that can “aggravate” an incident of common assault to assume a different legal designation? For example, can it be aggravated by other circumstances, such as premeditation, or by clearly evident motivation to daunt the victim from exercising their lawful rights, etc?
are there any other factors that can “aggravate” an incident of common assault to assume a different legal designation?
Yes, if an accused did things beyond what are necessary to establish plain assault, that can constitute a different offence.
There are too many to list, but for example:
In the U.S., offenses against certain people often have aggravated penalties (children, at risk elderly or disabled, law enforcement, fire protection, high officials), and there is often an enhancer for using a deadly weapon, or having an intent to kill, even if it didn't actually harm.
There are also enhancers if the offender was on probation or parole or pre-trial release, if it was a "hate crime", if it happened on an airplane or bus, or if it happened in a building (transforming it into burglary). An intent to extort other gain from the act could also result in a more serious offense (for example, extortion, robbery, or rape).
