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Aggravated assault is one of the most serious violent felonies you can be charged with in Bucks County. It is a severe escalation from simple assault, often resulting from situations where an injury is deemed “serious,” a weapon is involved, or the alleged victim belongs to a protected class, such as a police officer or teacher.
If you are facing aggravated assault charges in Bucks County, the consequences are life-altering. You are looking at the possibility of decades in state prison, massive fines, and a permanent felony record that will strip you of your civil rights. Prosecutors in Bucks County aggressively pursue maximum penalties in these cases. Tje defense attorneys at SKA Law Group know how to dismantle these charges, challenge the prosecution’s evidence, and fight to protect your freedom.
What is Aggravated Assault in Pennsylvania?
Under Pennsylvania law (18 Pa.C.S. § 2702), aggravated assault is defined much more broadly than most people realize. You can be charged with aggravated assault if the prosecution believes you did any of the following:
Caused or Attempted to Cause Serious Bodily Injury: Intentionally, knowingly, or recklessly causing an injury that creates a substantial risk of death or causes permanent disfigurement or loss of function of any bodily member or organ.
Assaulted a Protected Public Employee: Causing or attempting to cause bodily injury (even minor injury) to police officers, firefighters, probation officers, judges, teachers, or emergency medical personnel while they are in the performance of their duties.
Used a Deadly Weapon: Attempting to cause or intentionally causing bodily injury to another person using a deadly weapon (which can range from a firearm or knife to a vehicle or heavy object).
Assaulted a Child: Causing bodily injury to a child under 6 years old, or causing serious bodily injury to a child under 13 years old (if the defendant is 18 or older).
The Critical Difference: Simple vs. Aggravated Assault
The difference between simple assault (a misdemeanor) and aggravated assault (a felony) usually comes down to two factors: the severity of the injury and the identity of the victim. Simple assault requires only “bodily injury” (impairment of physical condition or substantial pain). Aggravated assault requires “serious bodily injury” unless the victim is a police officer or other protected public employee—in which case, even a minor scuffle or resisting arrest can be elevated to a felony aggravated assault charge.
Penalties for Aggravated Assault in Bucks County
Aggravated assault is always charged as a felony in Pennsylvania. The specific grading and penalties depend on the circumstances of the offense:
First-Degree Felony (F1): If the assault involves serious bodily injury, an attempt to cause serious bodily injury to a police officer/public official, or serious bodily injury to a child under 13, it is graded as a first-degree felony. This carries a maximum penalty of up to 20 years in prison and a $25,000 fine.
Second-Degree Felony (F2): If the assault involves bodily injury to a protected public employee, bodily injury with a deadly weapon, or bodily injury to a child under 6, it is graded as a second-degree felony. This carries a maximum penalty of up to 10 years in prison and a $25,000 fine.
Additionally, Bucks County judges strictly adhere to Pennsylvania’s Sentencing Guidelines, which factor in the Offense Gravity Score (OGS) of the crime and your Prior Record Score (PRS). A conviction for aggravated assault almost guarantees significant state prison time.
Defending Against Aggravated Assault Charges
An aggravated assault charge is not a conviction. At SKA Law Group LLC, we employ aggressive defense strategies to challenge the prosecution’s narrative:
Downgrading to Simple Assault: We frequently challenge the prosecution’s medical evidence. If we can prove the injury does not meet the strict legal definition of “serious bodily injury,” we can often have a first-degree felony downgraded to a misdemeanor simple assault.
Self-Defense: If you reasonably believed you were in danger of death or serious bodily injury, you have the right to use force to protect yourself. We gather witness testimony and surveillance footage to prove you acted in self-defense.
Challenging the “Deadly Weapon” Classification: Prosecutors often try to classify everyday objects as “deadly weapons” to elevate the charge. We aggressively challenge these classifications in court.
Lack of Intent: To secure a conviction, the prosecution must prove your state of mind. If the injury was accidental and not the result of extreme recklessness, the felony charges cannot stand.