The crime of Aggravated assault is a felony in Pennsylvania. The definition of Aggravated assault can be found in the Pennsylvania crimes code at 18 Pa.C.S. Sec. 2702. In order to be convicted of Aggravated Assault one must cause or attempt to cause serious bodily injury to another. "Serious bodily injury" is defined in the crimes code at 18 Pa.C.S. Sec. 2301 as "[b]odily 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." Permanent scarring has been ruled by the Pennsylvania courts to constitute serious bodily injury. If you are convicted of causing or attempting to cause serious bodily injury to another, the crime will be graded as a felony of the 1st degree.
Protected Persons Under the Statute
One may also be convicted of Aggravated assault if he or she causes or attempts to cause "bodily injury" to a "protected person" while performing his or her duty. Police officers, firefighters, EMT's, judges, Assistant District Attorneys, public defenders, school teachers, probation officers and constables are all protected under the statute. This list is not exhaustive. For a complete list of protected parties, read the statute. Bodily injury is a less serious injury than serious bodily injury. "Bodily injury" is defined in the crimes code at 18 Pa.C.S. Sec. 2301 as "impairment of physical condition or substantial pain." If you are convicted of causing bodily injury to one of the protected people listed in the statute, this crime of Aggravated assault will be graded as a felony of the 2nd degree. I have had success in the past at having these charges can be dropped down to a Simple assault charge if the protected person suffered minor injury* Call my office at (610) 299-0295 to discuss whether your charges can be dropped down.
If you or someone you know has been charged with Aggravated assault contact my office immediately for a free consultation. An Aggravated assault charge is serious and you need a skilled lawyer to litigate the case. In some cases, you may be able to plead your Aggravated assault case to the lesser included offense of Simple assault.
*Past success does not guarantee results in future cases.*