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Aggravated Assault Lawyer in Pennsylvania

An Aggravated Assault Lawyer Can Protect Your Rights

An experienced aggravated assault lawyer can help keep your life in order.  This is important because an aggravated assault conviction could ruin your life. Importantly, it could result in you spending years in prison and paying a very large fine.  The many facts of your case will determine the outcome. This includes how, when, and why the assault occurred, as well as the opinions of the judge and prosecutor assigned to your case.

Hire an Experienced Aggravated Assault Lawyer

Anyone facing an aggravated assault charge should speak with an experienced attorney. Here at Kitay Law Offices, we’ve been in practice for over 25 years. Therefore, we know the local judges and prosecutors. As a result, we can explain how they are likely to prosecute your assault case. We will fight to get you the best possible outcome. Importantly, this may include obtaining dismissal, acquittal, or the shortest possible jail sentence.

Two Different Types of Assault Charges

There are two different types of assault charges in Pennsylvania: aggravated assault and simple assault. Simple assault is a second-degree misdemeanor with a fine and a jail term up to 2 years.

Aggravated assault is much more serious than simple assault (see: this link). This crime has a classification of either a first-degree or second-degree felony. It all depends upon the details of the case. According to the law, aggravated assault is an attempt to knowingly or recklessly cause serious bodily injury to another person. In order to win the case, the prosecutor must prove the defendant behaved with intention. The prosecutor must also prove that the defendant knew what he or she was doing.

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Making a Case for Aggravated Assault

Aggravated Assault Lawyers in Reading at Kitay Law Offices

Contact the Aggravated Assault Lawyers at Kitay Law Offices

The prosecutor will attempt to prove that the defendant acted knowingly or recklessly. In addition, the prosecutor will try to show that your actions caused severe bodily damage to another person resulting in an injury. The injury may result in a permanent loss, impairment, disfigurement or even cause a death risk. Moreover, if the altercation includes use of a deadly weapon, such as a gun or knife, there’s a good chance the aggravated assault will be considered a felony. In addition, if the incident involves a public employee or official, the charge increases from Simple to Aggravated. More on this topic below in the Frequently Asked Questions section of this page.

Finally, you may be charged with an aggravated assault even if you do not actually cause severe injuries to another person. It may be enough to sustain the charge if you tried to cause harm, but were not successful.

Contact Kitay Law Offices

These charges are very serious. A conviction can mean years and years in prison. Building a strong defense is the best thing to do. Therefore, it’s important to understand your rights and know your options. You can contact a criminal defense lawyer at Kitay Law Offices today for more information by calling 888-KITAYLAW.

Frequently Asked Questions

Why is it an Aggravated Assault when certain public officials and officers are involved?

Pennsylvania elevates charges against specific public officials and employees from Simple to Aggravated Assaults, for the following reasons:

  • intentionally, knowingly, or recklessly causing serious or meager bodily injury, while the public official or employee (victim) is at work;
  • attempting to cause serious or meager bodily injury, while the public official or employee (victim) is at work;
  • attempting to instill fear in a public official or employee by threatening physical harm; or
  • using gas or a device, such as a TASER, against a public official or employee.

Public officials and employees who have protection under Pennsylvania law include:

  • both public and private school teachers, employees, and board members
  • law enforcement officers, police officers, and sheriffs
  • private detectives
  • emergency medical services employees and firefighters
  • judges, district attorneys, public defenders, parole and correction officers
  • county children’s service agency employees
  • public utility employees
  • state officials and legislators

How does Pennsylvania law define bodily injury?

The definition of the term serious bodily injury is very complicated. A person must merely have the intention to cause serious bodily injury to be charged with aggravated assault.

According to Pennsylvania law, bodily injury is the impairment of physical condition or substantial pain. Furthermore, the term serious bodily injury indicates that the injury creates a substantial risk of death. In addition, serious bodily injury includes serious, permanent disfigurement, or long-term loss or impairment of any bodily part or organ.

What is the punishment if I am charged?

Aggravated assault without serious bodily injury is a 2nd degree felony. The punishment may include up to 10 years in prison and a fine of up to $25,000.

However, aggravated assault is a first-degree felony if the defendant causes serious bodily injury or attempts to cause serious bodily injury. The punishment includes up to 20 years in prison and a fine of up to $25,000.

How often does Aggravated Assault occur in Pennsylvania?

Unfortunately, aggravated assault occurs relatively frequently in Pennsylvania.  In fact, Pennsylvania has had more than 300 murders, rapes, robberies, and aggravated assaults per 1,000 people every year since 1990.  Overall, Pennsylvania has had more than 20,000 aggravated assaults every year since 1986.  Recently, the rate of Pennsylvania aggravated assaults in 2018 increased by 3.22% from 2017.

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