Aggravated Assault Law Pennsylvania
Aggravated Assault can be charged against someone if they cause or attempt to cause “serious bodily injury” to another person. Serious bodily injury within Pennsylvania is defined as 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 (18 Pa.C.S. Sec. 2301). If convicted of Aggravated Assault, the crime is graded as a felony in the first degree.
Aggravated Assault also extends to protected persons, such as police officers, firefighters and judges. If a person is convicted of causing bodily injury (not serious bodily injury) to a “protected person” then the crime will be graded as a felony in the second degree.
In Pennsylvania, Aggravated Assault requires providing “intent” in certain circumstances. Proofs of threats before the injury could be classified as an example of intent. Similarly, comments made to the victim after the victim is assaulted could also be used as sources for providing initial intent.
With the different means of classifying Aggravated Assault and with a conviction sentence as high as 20 years in prison so it’s important to find knowledgeable attorneys that can work for you.
This Article was submitted by Attorney Michael Kotik
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Michael N. Kotik, Esq. (PA, NJ)