Aggravated assault is an incredibly serious offense. In many cases, what we might think of as “attempted murder” is really charged as aggravated assault. However, this offense can be charged in many different ways, and it is worth looking into whether your offense should really be charged as aggravated assault or something else.
Typically, aggravated assault is worse than “simple assault,” which covers merely injuring someone on purpose. Usually, there is some upgrading or aggravating factor, such as using a deadly weapon or assaulting someone like a police officer. Certain forms of aggravated assault can also include reckless harm.
For help with your charges, call the Pennsylvania assault defense lawyers at Kenny, Burns & McGill at (215) 423-5500.
Aggravated vs. Simple Assault
Before we get too far into the details of what constitutes aggravated assault, let’s look at the big picture. Assault – the crime of hurting or hitting someone else – comes in two forms:
- Simple assault covers minor assaults with lesser injuries.
- Aggravated assault covers more serious injuries, use of a weapon, or what would otherwise be simple assault committed against certain protected people (police, firefighters, teachers, judges, etc.).
If our Pennsylvania assault defense lawyers can prove that your case does not actually fit into the category of “aggravated assault,” we may be able to get charges reduced to simple assault. This could potentially open access to probation instead of putting you in jail.
Even further, we may be able to get them dropped or dismissed if important elements cannot be proven, like the fact that you were the one responsible.
Basic Elements of Assault Charges in Pennsylvania
The way that the Pennsylvania Code sets up assault charges, there are four main factors to consider:
- Intent – most aggravated assault charges require intentional or knowing action, though some allow charges for recklessness
- Injury – most aggravated assault charges require serious bodily injury, though some require mere “bodily injury” or fear of serious bodily injury
- Acts – most charges involve actually causing or attempting to cause harm, but some don’t
- Victim – many aggravated assault charges are specific to victims in certain protected classes.
Aggravated assault is charged under 18 Pa.C.S. § 2702(a), which has nine different subsections, creating a number of possible ways aggravated assault can be charged.
What is “Extreme Indifference to the Value of Human Life”?
Subsection (a)(1) of the aggravated assault statute makes it a crime to cause or attempt to cause serious bodily injury intentionally or knowingly, but there is another way assault can be charged. Under this part, you can be charged for recklessness rather than intentional conduct, but only if it is done “under circumstances manifesting extreme indifference to the value of human life.”
Recklessness is usually a lower level of intent:
- “Intentionally” means the result was the goal of your actions.
- “Knowingly” means that you knew the result would happen based on the actions you took.
- “Recklessness” means you recognized the risks and proceeded anyway.
The added requirement of these “circumstances” gives the government more to prove: not only do they have to show you were reckless, but they need to prove the surrounding circumstances show you didn’t care if someone lived or died.
For example, firing a gun into a crowd would be something you could recognize would be dangerous and you should recognize it could kill someone. For that reason, firing a gun into a crowd and injuring someone could qualify as “reckless[ness] under circumstances manifesting extreme indifference to the value of human life.”
Intentionally or Knowingly Causing Serious Injury
Otherwise, charges for aggravated assault under subsection (a)(1) usually involve intentional or knowing actions causing serious bodily injury.
This means you did it on purpose, and it resulted in quite serious bodily harm. This would be something like pummeling someone past the point of unconsciousness.
Assaulting a Protected Person
Charges under subsection (a)(2) involve any intentional, knowing, or reckless cause of serious bodily injury to anyone listed in the statute’s subsection (c). Alternatively, (a)(3) is the same thing but involves only “bodily injury,” not serious bodily injury. Charges under (a)(3) would otherwise be simple assault, but because they were committed against a protected person, they are upgraded to aggravated assault.
People protected under this law can be found in subsection (c):
- Police
- Firefighters
- Corrections workers
- Judges
- DAs
- Public defenders
- Parking enforcement officers
- Teachers and other school staff
- Government officials (governor, assembly members)
- Private investigators
- County social workers and Youth Services employees
- Utility employees (e.g., electric company workers)
- Doctors and other healthcare workers
- And more.
Subsection (a)(5) largely overlaps with this as well, but it covers specifically assaulting school workers while they are doing their jobs.
Use of a Deadly Weapon
Intentional or knowing use of a “deadly weapon” to cause bodily injury is aggravated assault under subsection (a)(4). This would cover crimes like shooting someone or hitting them in the head with a baseball bat.
Many of these charges are overcome in self-defense situations, where your use of a deadly weapon was to protect yourself, your family, or your home. For example, if someone breaks into your house in the middle of the night, you do not usually need to ask questions before hitting them with a bat or shooting them.
Note here that only “bodily injury” is required. A through-and-through gunshot wound that does not endanger anyone’s life would still be aggravated assault simply because you used a gun.
Physical Menace
Sometimes assault can be committed without actually hurting someone or even trying to hurt them. Instead, “physical menace” is enough to be considered aggravated assault under subsection (a)(6) if you commit it against a protected person.
“Physical menace” means doing something to make someone think you are going to hurt them. They must be afraid of “serious bodily injury” to result in aggravated assault charges.
This usually means something like pulling back a fist to threaten to punch someone, but for aggravated assault, it often needs to be more serious. This could be something like pointing a gun at someone or brandishing a bat or knife threateningly.
Assault with Tear Gas and Stun Guns
Using tear gas or other “noxious” gases is also aggravated assault, as is assaulting someone with a cattle prod or stun gun. This subsection specifically targets people using them against law enforcement and other protected persons, e.g., by throwing gas back at an officer during a protest or riot.
Assault of Minors
Assault by an adult against a child under 6 is also aggravated assault. This can be intentional, knowing, or reckless, and needs only to result in bodily injury, not serious bodily injury.
Similarly, if an adult hurts a minor under 13 – either recklessly, knowingly, or intentionally – and causes serious bodily injury, that is also aggravated assault.
Call Our Pennsylvania Assault Defense Lawyers Today
For help with your case, call Kenny, Burns & McGill’s Philadelphia criminal defense lawyers at (215) 423-5500.
