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Facing an aggravated assault charge in Philadelphia is a life-altering event. Aggravated assault is considered a serious felony in Pennsylvania, carrying the potential for lengthy prison sentences, substantial fines, and a permanent criminal record that can affect your employment, housing, and civil rights.
At SKA Law Group, our criminal defense attorneys understand the gravity of these charges. We provide professional, authoritative, and empathetic legal representation to help you navigate the complexities of the criminal justice system. If you or a loved one has been charged with aggravated assault in Philadelphia, it is crucial to act quickly and secure competent legal counsel.
What is Aggravated Assault in Pennsylvania?
In Pennsylvania, assault is categorized into two main types: simple assault and aggravated assault. The distinction between the two primarily hinges on the severity of the injury caused or attempted, the intent behind the action, and the identity of the alleged victim.
Under Pennsylvania law (18 Pa.C.S. § 2702), aggravated assault generally occurs when a person attempts to cause serious bodily injury to another, or causes such injury intentionally, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life; attempts to cause or intentionally or knowingly causes bodily injury to another with a deadly weapon; attempts to cause or intentionally, knowingly, or recklessly causes bodily injury to certain protected classes of public officials or employees while performing their duties, including police officers, firefighters, emergency medical personnel, teachers, and other designated professionals; attempts to cause or intentionally, knowingly, or recklessly causes bodily injury to a child less than 6 years of age by a person 18 years of age or older; or attempts to cause or intentionally, knowingly, or recklessly causes serious bodily injury to a child less than 13 years of age by a person 18 years of age or older.
Serious Bodily Injury vs. Bodily Injury
A critical factor in aggravated assault cases is the definition of “serious bodily injury.” Pennsylvania law defines serious bodily injury as an injury that creates a substantial risk of death, causes serious permanent disfigurement, or causes protracted loss or impairment of the function of any bodily member or organ.
In contrast, “bodily injury” simply means an impairment of physical condition or substantial pain. While causing bodily injury typically results in a simple assault charge — a misdemeanor — causing or attempting to cause serious bodily injury elevates the offense to aggravated assault, a felony. Furthermore, even attempting to cause standard bodily injury to a protected public employee, such as a police officer, can result in a felony aggravated assault charge.
Penalties for Aggravated Assault in Pennsylvania
Aggravated assault is always charged as a felony in Pennsylvania, but the grading and corresponding penalties depend on the specific circumstances of the offense.
First-Degree Felony Aggravated Assault
Aggravated assault is graded as a felony of the first degree when the offense involves attempting to cause or causing serious bodily injury, or when it involves serious bodily injury to a protected public official or a child under 13. A conviction carries up to 20 years in state prison and fines of up to $25,000.
Second-Degree Felony Aggravated Assault
Aggravated assault is graded as a felony of the second degree in other circumstances, such as attempting to cause bodily injury with a deadly weapon, causing bodily injury to a protected public official, or causing bodily injury to a child under 6. A conviction carries up to 10 years in state prison and fines of up to $25,000.
Sentencing Guidelines and Mandatory Minimums
Pennsylvania judges use sentencing guidelines that factor in the severity of the offense (Offense Gravity Score) and the defendant’s prior criminal history (Prior Record Score). Certain aggravated assault convictions may also trigger mandatory minimum sentences, particularly when the victim was a child or an elderly person, or when a deadly weapon was used during the commission of the crime.
Long-Term Consequences of a Felony Conviction
Beyond the immediate criminal penalties, a felony aggravated assault conviction in Pennsylvania can have lasting consequences that extend well beyond the courtroom.
Individuals convicted of a felony may face difficulty obtaining employment, as most employers conduct background checks. A conviction can also result in restrictions on housing and professional licensing, loss of the right to possess or own firearms under both Pennsylvania and federal law, immigration consequences for non-citizens including potential deportation or inadmissibility, and civil liability if the victim elects to pursue a separate lawsuit seeking monetary damages.
Defending Against Aggravated Assault Charges in Philadelphia
An aggravated assault charge does not automatically mean a conviction. A skilled Philadelphia criminal defense attorney can evaluate the evidence, identify weaknesses in the prosecution’s case, and build a robust defense strategy.
Self-Defense or Defense of Others: If you reasonably believed that you or someone else was in imminent danger of unlawful force, you may be justified in using force to protect yourself or the other person.
Lack of Intent: The prosecution must prove that you acted intentionally, knowingly, or recklessly. If the injury was the result of an unavoidable accident, the intent element may not be satisfied.
Disputing “Serious Bodily Injury”: The defense can argue that the alleged injuries do not meet the legal threshold for serious bodily injury, which could potentially reduce the charge to simple assault.
Challenging the Use of a Deadly Weapon: The defense can dispute whether the object used in the incident legally qualifies as a deadly weapon under Pennsylvania law.
False Accusations or Mistaken Identity: In some cases, the accusations may be entirely fabricated, or the police may have arrested the wrong person.
Every case is unique, and the most effective defense strategy will depend on the specific facts and circumstances of the incident.
Aggravated Assault in Philadelphia – FAQs
Q: What is the difference between simple assault and aggravated assault in Pennsylvania?
A: The primary difference lies in the severity of the offense. Simple assault is a misdemeanor and generally involves causing or attempting to cause bodily injury. Aggravated assault is a felony and involves causing or attempting to cause serious bodily injury, using a deadly weapon, or assaulting a protected public official such as a police officer or teacher.
Q: Will I go to jail for a first-time aggravated assault offense in Philadelphia?
A: Because aggravated assault is a felony, incarceration is a strong possibility even for first-time offenders. However, the exact sentence depends on the specific grading of the felony, the severity of the injuries, the use of a weapon, and the judge’s discretion based on sentencing guidelines. An experienced attorney can work to mitigate the penalties or seek alternative sentencing options.
Q: Can an aggravated assault charge be reduced or dropped?
A: Yes, it is possible. Depending on the evidence, a defense attorney may be able to negotiate with the prosecutor to reduce the charge to simple assault or another lesser offense. If the evidence is weak or was obtained illegally, the charges could potentially be dismissed entirely.
Q: How much does a criminal defense lawyer cost in Philadelphia?
A: The cost of a criminal defense lawyer varies based on the complexity of the case, the attorney’s experience, and the fee structure used. It is important to discuss legal fees during your initial consultation. Investing in an experienced attorney is crucial when facing serious felony charges.
Q: What should I do if I am contacted by the police regarding an assault investigation?
A: You should politely decline to answer any questions and immediately request to speak with an attorney. Do not attempt to explain your side of the story to the police without legal representation, as anything you say can be used against you in court.
