Whenever an act of violence results in serious injury or involves a deadly weapon, what would normally be an assault charge becomes elevated to aggravated assault. When that happens, the stakes become dramatically higher. With an aggravated assault charges against you, you risk spending years in prison and being labeled for the rest of your life as a dangerous felon. Your future is in jeopardy.
You can trust an experienced Philadelphia aggravated assault lawyer from Alva & Moscow, LLC to fight for you. We will challenge the prosecutor’s evidence, vigorously cross-examine their witnesses and seek to have your charges reduced or dismissed. Our criminal defense attorneys understand what is at risk for you, your job, your educational opportunities and your family when you face felony assault charges, and we will give your defense our full efforts. Call us today at (215) 665-1695 to set up a consultation to talk to our attorneys.
We represent clients throughout the Philadelphia area, including in Bucks, Delaware, Montgomery and Chester Counties, as well as in New Jersey.
Pennsylvania Aggravated Assault Information Center
Under Pennsylvania law, assault is when a person knowingly, intentionally and/or reckless causes bodily injury to another person, intentionally puts another person in fear of bodily injury or negligently causes injury with a dangerous weapon. Simple assault is serious, but is only a misdemeanor.
Aggravated assault, however, carries far greater penalties. It is defined, in 18 Pa. Cons. Stat. § 2702 as an assault that causes serious bodily injury or if a deadly weapon was used. Serious bodily injury is defined as an injury that creates a risk of death or that results in permanent impairment or disfigurement. For instance, if a person’s back is broken during an assault and that person becomes paraplegic, then the assault may be an aggravated assault.
A simple assault on certain public employees may become an aggravated assault. These public employees include police officers, firefighters, correctional officers and teachers.
Punishment for Aggravated Assault Convictions in Pennsylvania
Aggravated assault is a second degree felony, punishable by up to 10 years in prison and a $25,000 fine. If a police officer was assaulted, then it is a first degree felony, punishable by up to 20 years in prison and up to a $25,000 fine.
Felony assault also is a big stain on your permanent criminal record. You never want to have to explain an assault charge, but at least with misdemeanor assault, you can say you were in a scuffle or something minor. Aggravated assault is a whole different issue. Potential employers, landlords and lenders will see a violent felon when they read your record.
Defending Against Philadelphia Aggravated Assault Charges
It’s important to always remember that prosecutors must prove every element of their case beyond a reasonable doubt, meaning they must convince the jury that their version of every element is absolutely correct, save some completely improbable scenario.
Your Philadelphia violent offense attorney will show the jury the reasonable doubt that exists in the prosecutor’s case, through challenging the evidence and cross-examining the witnesses. If the jury sees any reasonable doubt, they cannot convict. In some cases, the charges may drop to a simple assault as a result of this attack on the prosecution, resulting in much lesser penalties.
Finding the Best Aggravated Assault Attorney in Philadelphia
You’ll get a tough, experienced Philadelphia aggravated assault lawyer when you hire a criminal defense attorney from Alva & Moscow, LLC. We will vigorously fight for your rights and seek to have your charges reduced or dismissed. Aggravated assault charges are extremely serious. Have a serious advocate on your side.
Call us today at (215) 665-1695 to set up a consultation.
Aggravated Assault Defense FAQs
When is assault charged as aggravated assault in Pennsylvania?
Under 18 Pa.C.S. § 2702, when the Commonwealth alleges serious bodily injury was caused or attempted under circumstances showing extreme indifference to human life, when a deadly weapon was used to cause or attempt bodily injury, or when the alleged victim belongs to a protected class such as police, teachers, or emergency personnel.
What is the sentence for aggravated assault in Pennsylvania?
First-degree felony aggravated assault carries up to 20 years; the second-degree felony form carries up to 10. Guideline sentences depend on the Offense Gravity Score and the defendant's Prior Record Score, with the deadly weapon enhancement adding substantially. Serious bodily injury cases with weapons routinely carry state prison guideline ranges.
Can aggravated assault be reduced to simple assault?
Yes, and it is one of the most common outcomes in contested cases. The difference is usually the seriousness of the injury or the intent alleged, both of which are attackable with medical records and cross-examination. A reduction changes the exposure from a felony with prison guidelines to a misdemeanor, so the fight over grading is the case.
Is a bar fight aggravated assault or simple assault?
It depends on the injury and how it was inflicted. A punch causing bruising is simple assault; a punch causing a fractured skull, or any use of a bottle or weapon, will be charged as aggravated assault. Mutual combat, self-defense, and the actual medical severity of the injuries are the recurring battlegrounds in fight cases.
Does the alleged victim have to be seriously hurt for an aggravated assault charge?
No. Attempting to cause serious bodily injury is enough, so a swing that misses or an injury that turns out minor can still be charged as a felony if the Commonwealth argues the attempt. These attempt theories are among the most defensible aggravated assault cases because intent must be proven from ambiguous conduct.
Finding The Best
Attorney in PhiladelphiaFor Your Case
If you are facing any kind of injustice, be it a wrongful criminal accusation or being injured by the
negligence of another, a fearless Philadelphia attorney from Alva & Moscow, LLC can fight zealously for
your rights. We can serve as your criminal defense lawyer or your personal injury attorney. We apply our
principles of aggressive representation to seek the best results for you.
We represent clients throughout the Philadelphia area, including Bucks, Chester, Montgomery and Delaware
Counties, as well as Pennsylvania and New Jersey.
