How to Prove That the Defendant Intentionally Threatened an Attack

The scenario in this case involves an aggravated assault and this happened when the K.M had an argument with a neighbor and threw a rock at him, thereby causing him serious head injuries. The police response upon reaching the scene would involve apprehending the individual and placing him under arrest, and also ensuring that the victim receives emergency care before being transferred to a hospital (Robinson & Williams, 2018). The charges would be cited under the California Penal Clause Section 245, which states that aggravated assault involves the unlawful attempt, and present ability, to commit a violent injury upon another person. This involves a clear intent to cause a serious bodily injury to the other individual. This particular crime was committed a week ago and the prosecutor will have to prove every aspect of the crime beyond reasonable doubt and this includes the act of assault and the elements of the assault which made it to be termed as “aggravated”. The prosecutor therefore has to prove that the defendant intentionally threatened an attack and also accomplished the physical attack. The prosecutor will also have to prove that the defendant used a deadly weapon and furthermore inflicted serious personal injury on the victim. The judge will consider the seriousness of the charge and the impact that it had on the victim of the crime (Duff, 2018).As the district attorney, the main role includes reviewing police arrest reports, deciding whether to bring criminal charges against the suspect and also supervising other attorneys in this case. It will also include filing charges and requesting the police to conduct further investigation into the matter. To ascertain that this was a criminal offense, the main elements to be considered include the prohibited conduct and the mental element of the guilty individual, or the intention. 

References 

Duff, R. A. (2018).  The realm of criminal law . Oxford University Press. 

Robinson, P. H., & Williams, T. S. (2018).  Mapping American criminal law: Variations across the 50 states . ABC-CLIO.