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:
- 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.
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.
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 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 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.
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?
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
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
|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.||
|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.||
|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.||
|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.||
|Murder||18 § 2502||A criminal homicide constitutes murder of the first degree when it is committed by an intentional killing.||
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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I cannot thank them enough for the outcome of my case. Attorney Tim Barrouk was dealing with a client who was on edge, never been arrested, and didn’t trust him 100% in the beginning, but he came recommended so he was my lawyer. I remember offering to hire a second attorney to help and he reassured me he had it under control. After a while it appeared I made a great choice. He knew the pros & cons of every judge my case was assigned to, he knew when to talk and when to listen in court, he didn’t let me take a bad deal, never pressured me, and responded to every text or call I ever placed to him. Cathi Lee kept me updated on where to be and when to be there. and was always available also. I was facing an Aggravated Assault charge causing serious bodily injury, simple assault, unlawful restraint, and 4 other misdemeanor charges and facing up to 10+ years in state prison. I never denied what I did and there was even video of me doing it. At the end of the day, All my charges were dropped and replaced with one summary offense of disorderly conduct and I was sentenced to pay a $25 fine plus court costs. Tim was always honest, and even told me flat out, these charges fit what you did but your case is triable and we’re gonna work for the best outcome. There were no promises or bs, just facts and business. Thank you Tim and the rest of The McShane Firm for getting me justice and not letting me get lost in the system.