Aggravated Assault Laws in Pennsylvania

The Top 10 Things NOT To Do If You're Arrested

What is Aggravated Assault?

You can read the law for aggravated assault at Title 18 Pa.C.S.A. Crimes and Offenses § 2702. It reads that a person is guilty of aggravated assault if he or she:

  1. 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;
  2. 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;
  3. 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;
  4. attempts to cause or intentionally or knowingly causes bodily injury to another with a deadly weapon;
  5. 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;
  6. 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;
  7. 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;
  8. 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
  9. 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.

When selecting which attorney to hire, please consider:

  • Can you call anytime and talk to a live person?
  • Do they offer payment plans with no credit checks?
  • Will your attorney be attentive and explain what’s going on?

At The McShane Firm, we answer yes to all of these questions. We strive to provide you with a great customer service experience during this tough time.

What is serious bodily injury in PA?

The key term to understand when it comes to aggravated assault is serious bodily injury (SBI). 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.

Felony assault is another name for Aggravated Assault. It carries very serious penalties.

Free Guide to Self-Defense in PA

 

What are the Penalties for Aggravated Assault?

Type:
Aggravated Assault ((under subsections 3, 4, 5, 6, 7, and 8)
Grading:
Felony of the 2nd Degree
Maximum Penalty:
10 years in prison
Type:
Aggravated Assault (under subsections 1, 2, and 9)
Grading:
Felony of the 1st Degree
Maximum Penalty:
20 years in prison

How an Aggravated Assault Can RUIN Your Life?

Aggravated Assault is a very serious offense. It is a felony. This isn’t typically a probation thing, You face 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….forever. With background check apps and websites, people will be able to see your violent crime. They will label you as a violent felon. And they will treat you that way.

Now ask yourself:

What is The McShane Difference?

  • We take time to understand your personal needs and goals. Then we cater our legal strategy to fit you.
  • We care about you. We listen and return phone calls. We will take time to explain things so you are not left anxious in the dark.
  • We will make this as easy as possible. We will try to minimize the number of times you have to be in court which means less disruption of your work and family life.

Does this sound like what you are looking for in an attorney? If yes, then take the next step and call (717) 657-3900.

  • What employer wants to hire a violent felon?
  • Who wants to date a violent felon?
  • Who wants to live near a violent felon?

People with an aggravated assault on their criminal history face serious lifelong challenges . Employers just won’t consider them…even for minimum wage jobs. If you have a professional license, with a conviction, the government agency will revoke your license.

Felony Conviction Consequences in Pennsylvania

On top of all that, the victim may take civil action against you. This would make you liable for damages for their bills, injuries and suffering.

What are some Possible Defenses against an Aggravated Assault Charge?

Free Guide to Self-Defense in PA

Our Clients are entitled to a Bill of Rights which states:

  • Our clients have the right to expect, we will be proactive in communication. You will hear it from us first. We will return all phone calls, texts and emails promptly.
  • Our clients have the right to expect plain speaking, straight shooting. No B. S.
  • Our clients have the right to expect us to do it right the first time, every time.
  • Our clients have the right to expect us to be on time and professionally prepared for all court appearances, and all meetings.
  • Our clients have the right to expect that they will be fully informed at all times.

This is our promise to you. Call today to get us on your side: (717) 657-3900.


One of the worst things is, the police charge innocent folks with Aggravated Assault even when they haven’t committed a crime! The police often don’t investigate the facts. They take one person’s say so. They just slap charges on people even if you were defending yourself.

Proving that the officers are wrong takes a lot of investigating. It 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. They 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.

According to the Administrative Office of Pennsylvania Courts in 2017, there were 25,878 offenses committed against a person. These are mostly assault and related offenses.

The Most Dangerous
Counties

When measured by the number of assault offenses per 1,000 people, the counties that
had the most offenses were:

Counties with the Highest Rate of Assault Offenses

Different Types of
Assault Charges

Type of Offense PA Statute Description Penalty Range
Simple Assault 18 § 2701 Attempting to cause or intentionally, knowingly or recklessly causes bodily injury to another.
  • Up to 2 years imprisonment and $5,000 in fines
  • For fighting by mutual consent, up to 1 year imprisonment and $2,000 in fines
  • If against a minor under 12 by and adult, then up to 5 years imprisonment and $10,000 in fines
Aggravated Assault 18 § 2702 Attempting to cause serious bodily injury to another. There are many other aggravating factors such as assaulting a law enforcement officer, school teacher or employee.
  • If graded as a Felony of the First Degree then up to 20 years imprisonment and $25,000 in fines
  • If graded as a Felony of the Second Degree then up to 10 years imprisonment and $25,000 in fines
Involuntary Manslaughter 18 § 2504 A person is guilty of involuntary manslaughter when as a direct result of the doing of an unlawful act in a reckless or grossly negligent manner, or the doing of a lawful act in a reckless or grossly negligent manner, he causes the death of another person.
  • Up to 5 years imprisonment and $10,000 in fines
  • If the victim is under 12 years of age and is in the care or custody the person who caused the death then up to 10 years imprisonment and $25,000 in fines
Voluntary Manslaughter 18 § 2503 A person who kills an individual without lawful justification commits voluntary manslaughter if at the time of the killing he is acting under a sudden and intense passion resulting from serious provocation.
  • Up to 20 years imprisonment and $25,000 in fines
Murder 18 § 2502 A criminal homicide constitutes murder of the first degree when it is committed by an intentional killing.
  • If graded as a Murder of the Third Degree then up to 40 years imprisonment and $25,000 in fines
  • If graded as a Murder of the Second Degree then Mandatory life imprisonment
  • If graded as a Murder of the First Degree then Mandatory Death or Mandatory life imprisonment

An Assault Conviction can Shatter your Life

Beyond the penalties in court, an assault conviction can ruin your life in many ways.

  • 1 An assault conviction will stay on your criminal record forever. Future employers, friends, even someone you ask out to dinner can easily use common apps to see your assault conviction.
  • 2 Depending on the nature and severity of the crime, you can lose your professional license. This affects people from many professions such as doctors, lawyers, massage therapists and even barbers.
  • 3 Many companies have policies not to hire someone who has been convicted of a violent crime.
  • 4 If your conviction is a sexual offense, you may have to register as a sex offender which may make it difficult to find a place to live.

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For more information please call: 1-866-MCSHANE or visit TheMcShaneFirm.com

3601 Vartan Way, 2nd Floor, Harrisburg, PA 17110


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