Since aggravated assault serious bodily injury is a result oriented offense can an attempted aggravated assault SBI can be charged to make the case a 3 degree vs 2nd degree? I don't want to use a deadly weapon allegation to make it an aggravated assault.

If you can prove that it was the defendant's specific intent to cause serious bodily injury, and that he did some act in furtherance of that which failed to actually cause the intended injury, then you should be able to prove attempt.

Wes, Guess I figure that if the aggravated part is the serious bodily injury you either have SBI or only BI in which case it's a Class A. I'm going through these contortions for a plea on an intoxication assault case. The victim is related to the Defendant and wants him to get deferred however that's not possible due to the intoxication statutes. If we change it to agg assault it's too high, ie a possible 2 degree if the kid screws up.Trying to do the right thing but it's almost not worth the effort. Thanks for the reply and help.

What if you alleged the defendant caused bodily injury and further alleged that he attempted to cause serious bodily injury? I would not advise doing so in an intoxication assault case, but as an academic exercise, I think such a pleading would allege attempted aggravated assault.