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Assault Attorneys in Philadelphia, Pennsylvania

Aggravated Assault Charge

In the Commonwealth of Pennsylvania, Assault can either be charged as an Aggravated Assault or as a Simple Assault. Aggravated Assault is graded as a Felony Charge, whereas Simple Assault is graded as a Misdemeanor Charge.

The grounds for determining whether the charge is an Aggravated Assault as opposed to a Simple Assault will be based upon the severity of the injury the accused is alleged to have inflicted upon the victim or the alleged severity of the injury the accused intended to be inflicted upon the victim.

Aggravated Assault generally requires that the accused either caused or intended to cause a “serious bodily injury.” Section 2301 of the Pennsylvania Crimes Code defines “serious bodily injury” as a bodily 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.

Who Determines Whether the Bodily Injury Was “serious?”

Generally, the investigating officer or the arresting officer is the individual who will determine whether or not an injury is a “serious bodily injury” or a general “bodily injury.” Once the charges are filed and brought before a Judge, the charges may be amended – if – there are grounds to assert the alleged crime did not rise to the level of “serious bodily injury” or did rise to the level of “serious bodily injury.”

Are There Other Grounds that Can Give Rise to A Charge of An Aggravated Assault?

Yes. Certain groups of people are deemed to be “protected persons” and – thus – what would ordinally be a Simple Assault can instead rise to the level of an Aggravated Assault. . These classes of protected persons include police officers, nurses, emergency medical technicians, firemen, teachers, judges, and district attorneys. These means that a mere “bodily injury” inflicted or intended to be inflicted upon these persons will be charged as an Aggravated Assault.

What Length of Imprisonment Can One Be Facing for An Aggravated Assault?

An Aggravated Assault is considered a second-degree felony – meaning the accused could be sentenced to a term of imprisonment of ten (10) years in jail (along with up to a $25,000.00 fine).

Additionally, if the accused person is convicted of Aggravated Assault while in possession of a weapon, that person is subjected to a mandatory minimum sentence of five (5) to ten (10) years in jail.

Further, if the accused person already has a conviction for Aggravated Assault on his or her record, a conviction of a second Aggravated Assault will be graded as a first-degree felony with a mandatory minimum sentence of ten (10) to twenty (20) years of imprisonment. Lastly, if the accused person already has two prior convictions for Aggravated Assault on his or her record, a conviction of a third Aggravated Assault carries with it a mandatory minimum term of imprisonment of twenty-five (25) to fifty (50) years in prison.

Where Should I Turn if I Need Representation for My Aggravated Assault Case?

At The Town Law, we understand just how stressful facing criminal charges can be. With our vast experience handling criminal cases throughout Southeastern Pennsylvania, we are well-equipped to ensure you get the best result possible with attentive attorneys by your side throughout the process. Contact our firm today for a free consultation. Our staff of criminal defense attorneys is dedicated to the best outcomes for all of our clients in:

  • Chester County

  • Bucks County

  • Philadelphia

  • Montgomery County

  • Lancaster County

  • Delaware County

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Simple Assault Charge

In the Commonwealth of Pennsylvania, Assault can either be charged as an Aggravated Assault or as a Simple Assault. Aggravated Assault is graded as a Felony Charge, whereas Simple Assault is graded as a Misdemeanor Charge.

The grounds for determining whether the charge is an Aggravated Assault as opposed to a Simple Assault will be based upon the severity of the injury the accused is alleged to have inflicted upon the victim or the alleged severity of the injury the accused intended to be inflicted upon the victim.

How Does Pennsylvania Determine Whether the Alleged Crime Is a Simple Assault?

In Pennsylvania, a Simple Assault is met when bodily injury is: attempted or caused – whether intentionally or recklessly; caused due to negligence with a deadly weapon; alluded to by physical menace and the victim feels fear of imminent injury; or attempted or by concealing a hypodermic needle on one’s person and penetrating a law enforcement officer or employee during the course of an arrest or any search of the person.

What Length of Imprisonment Can One Be Facing for A Simple Assault?

A Simple Assault is considered a second-degree misdemeanor, carrying a potential punishment of up to two (2) years in prison.

Where Should I Turn if I Need Representation for My Simple Assault Case?

At The Town Law, we understand just how stressful facing criminal charges can be. With our vast experience handling criminal cases throughout Southeastern Pennsylvania, we are well-equipped to ensure you get the best result possible with attentive attorneys by your side throughout the process. Contact our firm today for a free consultation. Our staff of criminal defense attorneys is dedicated to the best outcomes for all of our clients in:

  • ​Chester County

  • Bucks County

  • Philadelphia

  • Montgomery County

  • Lancaster County

  • Delaware County