What is Aggravated Assault?
The statute for aggravated assault is Title 18 Pa.C.S.A. Crimes and Offenses § 2702. It states that a person is guilty of aggravated assault if he:
- attempts to cause serious bodily injury to another, or causes such injury intentionally, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life;
- attempts to cause or intentionally, knowingly or recklessly causes serious bodily injury to any of the officers, agents, employees or other persons enumerated in subsection (c) or to an employee of an agency, company or other entity engaged in public transportation, while in the performance of duty;
- attempts to cause or intentionally or knowingly causes bodily injury to any of the officers, agents, employees or other persons enumerated in subsection (c), in the performance of duty;
- attempts to cause or intentionally or knowingly causes bodily injury to another with a deadly weapon;
- attempts to cause or intentionally or knowingly causes bodily injury to a teaching staff member, school board member or other employee, including a student employee, of any elementary or secondary publicly-funded educational institution, any elementary or secondary private school licensed by the Department of Education or any elementary or secondary parochial school while acting in the scope of his or her employment or because of his or her employment relationship to the school;
- attempts by physical menace to put any of the officers, agents, employees or other persons enumerated in subsection (c), while in the performance of duty, in fear of imminent serious bodily injury;
- uses tear or noxious gas as defined in section 2708(b) (relating to use of tear or noxious gas in labor disputes) or uses an electric or electronic incapacitation device against any officer, employee or other person enumerated in subsection (c) while acting in the scope of his employment;
- attempts to cause or intentionally, knowingly or recklessly causes bodily injury to a child less than six years of age, by a person 18 years of age or older; or
- attempts to cause or intentionally, knowingly or recklessly causes serious bodily injury to a child less than 13 years of age, by a person 18 years of age or older.
The key term to understand when it comes to aggravated assault is serious bodily injury. In the Commonwealth of Pennsylvania, serious bodily injury is defined as:
Bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
Aggravated assault is also known as felony assault and carries very serious penalties.
What are the Penalties for Aggravated Assault?
- Aggravated Assault ((under subsections 3, 4, 5, 6, 7, and 8)
- Felony of the 2nd Degree
- Maximum Penalty:
- 10 years in prison
- Aggravated Assault (under subsections 1, 2, and 9)
- Felony of the 1st Degree
- Maximum Penalty:
- 20 years in prison
How an Aggravated Assault can Affect Your Life?
Aggravated Assault is a very serious offense. It is a felony meaning you are facing many years in prison. If your charge is graded as a felony of the first degree, that means up to 20 years in prison. If it is graded as a felony of the second degree, that means up to 10 years in prison. You may also be required to pay up to $25,000 in fines.
But the severity of the consequences do not end there. If you are convicted you will also have a violent crime on your criminal record. With background check apps and websites, people will be able to see your violent crime and label you as a violent felon.
Now ask yourself:
Who wants to hire a violent felon?
Who wants to date a violent felon?
Who wants to live near a violent felon?
People with just an aggravated assault on their criminal history have faced challenges getting hired, even for minimum wage jobs. If you have a professional license, that will most certainly be disqualified. With an aggravated assault, you cannot even drive for Uber or Lyft.
On top of all that, the victim may take civil action against you and make you liable for damages for their bills, injuries and suffering.
What are some Possible Defenses against an Aggravated Assault Charge?
One of the worst things is, many people are charged with Aggravated Assault even when they haven’t committed a crime! The police often don’t investigate the facts and just slap charges on people, even if you were defending yourself.
Proving that the officers were wrong takes a lot of investigating and requires deep knowledge of the laws and procedures involved. When the stakes are this high, do not make the mistake of trusting your case to a cheap or free lawyer. Chances are, that attorney will not be able to spend the time need to prepare a strong defense and will mess things up beyond repair.
Don’t let an assault conviction rob you of your freedom for years to come. Call The McShane Firm now at 7176573900 for your free case consultation. Our experienced attorneys will help you plan out a course of action to fight these charges. At The McShane Firm we are The Science Attorneys. We are highly trained in forensic science and know how to challenge the evidence collected by the government. This is a key reason why we are different from other law firms.