Aggravated assault is a felony offense in Pennsylvania. It occurs when one party intentionally or recklessly threatens harm or causes injuries to another or under several other circumstances.
If you face allegations or charges of aggravated assault in Philadelphia, you will want an experienced Philadelphia criminal defense lawyer on your side. They are your best resource to get your case dismissed or fight to clear your name.
What Is the Aggravated Assault Definition Under Pennsylvania Law?
Pennsylvania law defines aggravated assault under 18 Pa. Cons. Stat. section 2702. Under this law, aggravated assault occurs when a person intentionally attempts to or does cause “serious bodily harm” to someone else. It may also apply in numerous other situations, including when:
- They use a deadly weapon
- The victim is a law enforcement officer or public official
- The victim is a school employee
- They use tear or poisonous gas or a Taser
- A child under age six was at risk of injury
- A child under age 13 was at risk of serious injury
Aggravated assault is an elevated charge beyond simple assault. Said differently, simple assault is a lesser included offense related to Aggravated Assault. A simple assault conviction does not require evidence to show the perpetrator acted knowingly, and none of the aggravating factors listed above were present.
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What Are the Sentencing Guidelines that Apply to a Pennsylvania Aggravated Assault Conviction?
Aggravated Assault is either a first or second-degree felony. Cases are commonly charges as first-degree felonies when:
- The prosecution believes the perpetrator showed “extreme indifference to the value of human life”
- When the target of the assault is a child, and the accused party is an adult
Those with previous offenses and in cases where serious injuries occurred could also call for increased sentences. A conviction could call for:
- Up to ten years in prison and a $25,000 fine for a second-degree felony
- Up to 20 years in prison and a $25,000 fine for a first-degree felony
Avoiding a conviction is the only way to protect your future if you face aggravated assault charges. A felony conviction will mean time behind bars, significant fines, the possible loss of your career, damage to relationships, and harm to your reputation.
A first-degree felony aggravated assault conviction could also meet Pennsylvania’s Three Strikes law requirements. If you have previous convictions, you want an aggressive and experienced attorney who can build a compelling defense to stop the charges, get the case dismissed, or take other steps to ensure you do not get another first-degree felony conviction on your record.
What Are the Most Common Defenses Used in Successful Aggravated Assault Cases?
If you face allegations, arrest, or charges of aggravated assault, your best resource is a Philadelphia assault defense lawyer. Hiring an attorney with the knowledge, skills, and resources to develop a strong defense strategy could clear your name. Your lawyer will know how to build a defense based on the specific circumstances of your case.
When you hire a lawyer, they will investigate what happened. This could require them to:
- Review the details of the incident and your arrest
- Read witness statements
- Examine evidence
- Obtain police reports
- Identify the strengths and weaknesses of the case against you
Based on this assessment, your lawyer will strategically consider your options and develop an approach for your defense. Some common defenses in aggravated assault cases include:
- Self-Defense: It is legal to threaten or cause harm to someone else if they threaten you or your property. This is one of the most common defenses in assault cases.
- Fabrication or Exaggeration: The person complaining against you is lying. They are either making up the allegations or exaggerating what happened.
- Defense of Others: Pennsylvania law also allows you to act with force, threatening or harming someone who is putting your family or others in imminent danger of injury.
- Lack of Intent: Aggravated assault requires intent. The prosecution must show that you “intentionally, knowingly, or recklessly” attempted to or caused harm to another party. Without intent, there cannot be an aggravated assault conviction.
- Alibi: It may be possible to prevent charges from being filed, get charges dropped, or clear your name if there is some way to verify where you were at the time when the assault allegedly occurred. This could be someone else’s testimony or other evidence.
- Mistaken Identity: It may be possible to show the victim identified the wrong person and that someone else actually committed the assault.
- Police Misconduct or Other Issues: When police officers violate your rights or take inappropriate actions, it could create a situation where your attorney can get evidence barred from the case. Examples include illegal search and seizure or coerced confessions.
What Are the Benefits of Having an Experienced Aggravated Assault Attorney on My Side?
An aggravated assault defense lawyer will oversee your legal case, fighting for the best possible outcome for you. They understand how these cases work and know what to expect. They will give you emotional support, guidance, and reassurance throughout the criminal justice process, leaving you with peace of mind knowing your case is in good hands.
As a resource to help you win your case, your criminal defense attorney will:
- Provide a clear understanding of the applicable laws and similar cases
- Discuss the elements of the case, the evidence against you, and the potential defenses
- Develop a strong defense strategy based on the unique circumstances of your case
- Represent your interests in court hearings, proceedings, and at trial
- Negotiate with prosecutors as necessary based on the defense strategy
- Challenge the prosecution’s case and present a compelling argument for your defense
An experienced defense attorney will know how to navigate the process, fight for the best possible outcome in your case, and clear your name of the aggravated assault allegations when possible.
Discuss Your Defense With an Aggravated Assault Criminal Defense Lawyer
At the Law Offices of M.J. Snyder, LLC, you can get a free consultation with an aggravated assault criminal defense lawyer in Philadelphia. Call our office after your arrest to learn how our team can help you.
Contact us today to get started.
