A defendant may be charged with aggravated assault under 18 Pa.C.S. § 2702. While assault is a somewhat common offense, aggravated assault is extremely serious and often leads to felony charges. If you are charged with aggravated assault, contact a lawyer for help right away.
Aggravated assault may occur under a wide variety of circumstances, and common elements include serious bodily harm, the presence of dangerous or deadly weapons, and assaults against specific types of victims, like law enforcement officials. You may fight the charges by trying to negate some of these elements, thereby reducing the charges to simple assault, which is not as harshly punished. We might instead highlight the lack of evidence against you if the prosecutor’s case is weak.
Get started with a free, private case assessment from our defense lawyers for 18 Pa.C.S. § 2702 by calling Kenny, Burns & McGill at (215) 423-5500.
How Does Aggravated Assault Allegedly Occur?
A defendant may be charged with aggravated assault under a wide assortment of circumstances. The statute for aggravated assault lists 9 different subsections describing possible circumstances of aggravated assault. Many of these circumstances involve the use of weapons, more severe bodily injuries, or certain kinds of victims that the law seeks to protect.
The key point to remember is that aggravated assault is more severe than simple assault. Injuries are usually much more devastating, and many defendants are accused of using deadly weapons. In some cases, if people like police officers are assaulted, the crime is immediately upgraded to aggravated assault even if the victim is not badly injured.
Possible Defense Strategies Against Aggravated Assault Charges
While aggravated assault may be charged under numerous conditions, there may be just as many ways to mount an effective defense with the help of a qualified lawyer.
Lack of a Deadly Weapon
Many cases of aggravated assault involve the presence of a dangerous or deadly weapon. While this fact alone might not be enough to charge someone with aggravated assault, it is often a significant factor. If we believe that prosecutors cannot prove beyond a reasonable doubt that a deadly weapon was used in the alleged assault, we might be able to argue for the charged to be reduced or even dropped altogether.
Disputing the Severity of Injuries
Another key factor that often separates aggravated assault from the lesser simple assault is the severity of the victim’s injuries. Prosecutors might try to argue that the victim’s injuries are severe, but we can argue otherwise. We may request copies of medical records about the victim’s injuries during the discovery phase to try to refute the prosecutor’s claims.
Insufficient Evidence
We might not have to dispute the alleged facts of the case if prosecutors lack sufficient evidence. Remember, prosecutors must prove the charges beyond a reasonable doubt to secure a conviction. If we believe they do not have enough evidence to meet this burden, we can move for a dismissal. Even if we do not get the charges dismissed, the case against you might be weak.
How Are Aggravated Assault Charges Graded Under 18 Pa.C.S. § 2072?
Generally, aggravated assault may be charged as a felony, but different circumstances may warrant different types of felony charges.
Felony of the First-Degree
Aggravated assault may be charged as a first-degree felony, the most severe felony charge, under a few select circumstances.
First, the defendant must be alleged to have caused or attempted to cause serious bodily harm intentionally, recklessly, or knowingly in a way that demonstrates extreme indifference to human life.
Second, first-degree felony charges may apply if the above circumstances are present and the victim falls into a special category of people listed within the statute (e.g., police officers, teachers, firefighters).
Finally, first-degree felony charges may apply if the victim is younger than 13 and the defendant is at least 18.
Felony of the Second-Degree
All other categories of aggravated assault described by the above statute may be charged as second-degree felonies.
FAQs About Aggravated Assault Charges Under 18 Pa.C.S. § 2702
Is Aggravated Assault a Serious Criminal Charge?
Generally, yes. Aggravated assault is a very serious offense that is often charged as a felony. Do not confuse it with simple assault, a much lesser form of assault that is usually met with misdemeanors.
How May Aggravated Assault Be Charged?
Aggravated assault may be charged under a vast array of conditions and circumstances. Commonly, aggravated assault involves serious bodily injuries, dangerous or deadly weapons, or assaults against certain people, like teachers or police officers.
What Are the Penalties for Aggravated Assault?
Depending on the circumstances of an aggravated assault case, charges may be for first- or second-degree felonies punishable by up to 20 years and up to 10 years in prison, respectively.
Will I Go to Jail for Aggravated Assault?
If you are convicted, time in prison is highly likely. Aggravated assault is a serious felony, and even plea bargains may involve some time behind bars.
How Do I Fight Charges for Aggravated Assault?
You may fight these charges if prosecutors cannot prove certain elements of the case. The severity of the injuries, the presence of a weapon, and the defendant’s intent are crucial elements. If prosecutors do not have strong evidence supporting these elements, you can challenge them and hopefully beat the charges.
Can I Negotiate a Plea Deal for Aggravated Assault Charges?
Possibly. If the prosecutor is willing to work out a plea deal, you might be able to reduce your charges and avoid the harshest penalties. Sometimes, defendants have their aggravated assault charges reduced to simple assault, which carries a much lighter punishment.
Which People Are Specially Protected Under the Aggravated Assault Statute?
Aggravated assault may be charged if the victim is one of many people specially protected by law. These include, but are not limited to, police officers, teachers, firefighters, public defenders, district attorneys, certain judicial employees, and teachers.
Does Aggravated Assault Have to Involve Serious Bodily Harm?
Not necessarily. While serious bodily harm is a common characteristic of aggravated assault, not every case requires it. For example, even minor injuries caused to certain people (e.g., police officers, teachers, firefighters) may be grounds for aggravated assault charges.
Should I Hire a Lawyer to Help Me Fight Aggravated Assault Charges?
Yes. These are very serious charges that carry substantial penalties. You need an experienced criminal defense lawyer to protect your rights and develop effective defense strategies.
Can I Be Charged with Aggravated Assault if I Hurt Someone by Accident?
Yes. While many aggravated assault cases involve intentional acts of harm, many other cases involve harm that was inflicted recklessly under conditions where the defendant did not mean to hurt anyone, but also had no regard for the safety of others in the face of a serious safety risk.
Speak to Our Defense Attorneys for 18 Pa.C.S. § 2702 Charges About Your Case Now
Get started with a free, private case assessment from our defense lawyers for 18 Pa.C.S. § 2702 by calling Kenny, Burns & McGill at (215) 423-5500.
