Montgomery County Aggravated Assault Defense Lawyer
Assault is a serious crime in Pennsylvania with serious penalties attached. What many people may not know, though, is that there is another crime called aggravated assault that is even more serious than simple assault. Aggravated assault involves seriously injuring other people, and there are serious penalties associated with that conduct, all of which are felonies. Getting a felony on your record can have serious life consequences beyond prison terms. Friends and family may think of you differently, you will be unable to own a firearm, and you may have difficulty getting a job or getting a loan from banks.
With so much on the line, you need experienced legal help when you are facing serious charges. We have represented many defendants in criminal proceedings, so we know what it takes to get our clients the best outcome possible when facing aggravated assault charges.
For a totally confidential and free case review, call The Law Offices of Lloyd Long at (215) 302-0171 and chat with our assault defense lawyers.
What is Aggravated Assault in Montgomery County?
The state of Pennsylvania criminalizes aggravated assault Under 18 Pa.C.S. § 2702. The statute defines aggravated assault, generally, as attempting or succeeding in causing serious bodily injury to another person intentionally, knowingly, or recklessly, and with “extreme indifference” to the value of human life. The definition of “serious bodily injury” is found under 18 Pa. C.S § 2301, and it entails any bodily injury that carries with it a “substantial risk of death” or risk of permanent disfigurement or “protected loss” of the use of part of the body. For example, if someone gets beat up and ends up paralyzed from the waist down, that would be considered serious bodily injury, and the perpetrator would likely be able to be convicted of aggravated assault.
Causing or attempting to cause serious bodily injury with indifference to human life is only part of what constitutes aggravated assault in Pennsylvania. There are many different circumstances that could lead to an aggravated assault accusation in Pennsylvania. In fact, depending on the circumstances of a given instance of aggravated assault, it could end up being a first-degree or second-degree felony offense. Most of these disparate circumstances deal with committing aggravated assault against a certain type of individual.
First-Degree Felony Aggravated Assault
Intentionally causing serious bodily injury to another person with extreme indifference to the value of human life under § 2702 is a first-degree felony in Pennsylvania. Additionally, it is a first-degree felony to cause or attempt to cause serious bodily injury against a number of individuals carrying out certain official duties enumerated in 18 Pa.C.S. § 2702(c). These positions include police officers, firefighters, sheriffs, public defenders, teachers, governors, and other enumerated state officials, and many more. Finally, it is also a first-degree felony for someone over the age of 18 to cause or attempt to cause serious bodily injury to someone who is 13 years old or younger under 18 Pa.C.S. § 2702(9).
First-degree felonies are defined in 18 Pa.C.S. § 106(b)(2) as crimes with a maximum prison sentence of more than ten years.
Second-Degree Felony Aggravated Assault
Many other circumstances that constitute aggravated assault are second-degree felonies. They are detailed in 18 Pa.C.S. § 2702(3), § 2702(4), § 2702(5), § 2702(6), § 2702(7), and § 2702(8), respectively.
Second-degree felonies are defined in 18 Pa.C.S. § 106(b)(3) as crimes with a maximum prison term no greater than ten years in length.
Public Transportation Officers
If, instead of causing serious bodily injury to the individuals detailed in § 2702(c) who are involved in public transportation, the perpetrator merely causes bodily injury, they can be convicted of a second-degree felony. “bodily injury” is defined in 18 Pa.C.S. § 2301 as causing “impairment” or “substantial pain.”
Deadly Weapons
The use of a deadly weapon to cause bodily injury is also aggravated assault and a second-degree felony. In Pennsylvania, “deadly weapons” are defined in 18 Pa.C.S. § 2301 firearms, as well as anything “designed as a weapon” or anything used in a way that will likely lead to death or serious bodily injury. An example of something designed as a weapon would be a sharp sword.
The category of things that could be used to cause serious bodily injury is vast. For example, if a perpetrator bludgeons someone over the head with a candlestick, they could be charged with aggravated assault using a deadly weapon even though a candlestick is not a deadly weapon because they used it in a way likely to cause serious injury or death.
Teaching Personnel
Causing bodily injury to an educator while they are performing their duties as an educator or because they are an educator is a second-degree felony.
Menacing Certain Officers, Agents, or Employees
Physically menacing any of the officers enumerated in 18 Pa.C.S. § 2702(c) is a second-degree felony. As explained above, if you go beyond menacing those officers and actually attempt or succeed in causing serious bodily injury, it is a first-degree felony.
Tear Gas and Electronic Incapacitation Devices
The use of tear gas or “electronic incapacitation devices” against any of the officers listed in § 2702(c) is a second-degree felony. “Electronic incapacitation device” generally refers to TASERs of both the handled and projectile variety.
Bodily Injury to Young Children
Someone who is 18 or older Intentionally or knowingly causing bodily injury to someone six years old or younger is a second-degree felony. Remember, though, that causing serious bodily injury to someone younger than 13 will raise the charges to a first-degree felony.
Call Our Montgomery County Aggravated Assault Defense Lawyers and Discuss Your Case Today
To receive a free and confidential case review, call (215) 302-0171 and speak with our assault defense lawyers from The Law Offices of Lloyd Long about your situation.
