Former NFL Player Antonio Brown Charged with Attempted Murder – What is the difference between Aggravated Assault and Attempted Murder

Our law firm always wants to keep former and current clients informed about their rights in New Jersey and Pennsylvania.  In addition, we frequently explain criminal charges and many people don’t understand the element of these offenses and crimes.  We try to use real world examples to explain these concepts. If you are charged with crime, never assume you do not need a criminal defense attorney!  

Recently, a warrant was issued for former NFL wide receiver Antonio Brown.  Brown now faces a charge of attempted murder with a firearm in Florida.  The charge is based on a shooting Brown was allegedly involved in during a boxing event in Miami this past May.

Attempted Murder is obviously serious criminal charge which subjects Mr. Brown to a substantially long prison sentence. Brown does have prior criminal history.  In June 2020, he pled no contest to the felony battery and burglary charges and received two years of probation.  Even a person with no criminal history could face years in prison followed by a substantially long period of probation.

Attempted Murder vs. Aggravated Assault Charges – What is the difference? 

Attempted Murder and Aggravated Assault are often charged together but the elements of each offense are different. When a person is charged with Aggravated Assault the prosecution must prove beyond a reasonable doubt that the defendant attempted to cause, or did cause, serious bodily injury.

Serious bodily injury is defined as an injury that would create a substantial risk of death or that will cause serious, permanent disfigurement or a protracted loss or impairment of a function of any body organ. The prosecution must also establish beyond a reasonable doubt that the defendant’s conduct was intentional, which means it was his or her “conscious object” or purpose to cause the serious bodily injury.

It is important to understand that the prosecution (Commonwealth) doesn’t need to prove an actual injury, but only that the defendant took an actual or “substantial” step in which it was his or her intent to cause a life threatening injury to the victim.

Attempted Murder, however, requires the prosecution to prove beyond a reasonable doubt that the defendant had a specific intent to kill, which means, he or she had fully formed intent to kill and was aware of that intention. The prosecution must also show, similar to Aggravated Assault (attempt) that the defendant took a substantial step toward the commission of the killing.

Keep in mind that in Pennsylvania and New Jersey, the prosecution therefore must prove that the defendant specifically intended that death result from the attempted homicide. Unlike Murder in the first degree, a death may occur as an unintended consequence which would equate to a lesser degree of murder (second or third degree).

Does Antonio Brown have a self defense argument to this Attempted Murder charge in Florida? 

Brown stated on a social media post that this alleged victim attacked him and tried to steal his jewelry and harm him.  It appears that he will assert a self defense argument if this criminal case moves on to a trial. 

When a person is charged with either Attempted Murder or Aggravated Assault, an important consideration for the defense is a self-defense argument. If self-defense is asserted at trial, the prosecution must establish beyond a reasonable doubt that the person was not trying to defend himself against an attack. I’ve written previous articles on self-defense and I encourage you to read them.

Keep in mind that even if a person asserting a self-defense argument acted on a mistaken belief that his life was in danger, the jury is obligated to find the person not guilty if they believe that the person acted reasonably. Self-defense, therefore, is an important and powerful argument at trial and one that your criminal defense lawyer must consider if you are facing either one of these charges.

Remember that there are two types of criminal trials—bench and jury. Never assume that because you are charged with either one of these serious crimes that it is better to proceed with a jury trial. Your criminal defense lawyer must discuss with you the advantages and disadvantages of a jury trial. While in many cases, a jury trial is the preferred method to address these types of criminal charges, it is critical that you question your attorney as to why its the better option.

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If you or a friend is charged with any crime of violence including aggravated assault or attempted murder.  For more information on criminal defense strategies I encourage you to keep reading my blog, subscribe to my monthly newsletter, or visit the free download section of the website.