Aggravated assault is more serious than simple assault because it involves serious bodily harm or attacks on protected persons. You can expect substantial prison time and steep fines if convicted. Then, even long after you did your time and paid your fine, society still doesn't forgive -- you can expect difficulty finding a good job or safe housing and problems securing a personal, mortgage, or school loans, among other things. That's why fighting the charge is so important to the quality of your life you expect to live after the criminal matter is over.
Joseph D. Lento understands how a conviction of aggravated assault can destroy a person's life. In a moment of rage or recklessness, you can face years of regret. Joseph D. Lento, with more than 15 years committed to defending persons accused of assault crimes in the Philadelphia area, understands how the system works and how to negotiate and argue in a way that benefits his clients. Contact Joseph D. Lento today to learn more about his comprehensive approach to an aggravated assault defense.
What is aggravated assault in Philadelphia?
According to 18 Pa. Cons. Stat. § 2702, an aggravated assault occurs when a person:
- intentionally, knowingly, or recklessly attempts or causes serious bodily injury to:
- another person under circumstances indicating an extreme indifference to the value of human life;
- certain persons listed in § 2702(c) who are engaged in public transportation and on duty, e.g., police officer, firefighter, county adult probation, parole officer, public defender, attorney general, law enforcement official, psychiatric aide, among others;
- a child under the age of 13 (if the alleged offender is 18 years or older); or
- intentionally, knowingly, or recklessly attempts or causes bodily injury to:
- certain persons listed in § 2702(c) who are performing their duties, e.g., police officer, firefighter, county adult probation, parole officer, public defender, attorney general, law enforcement official, psychiatric aide, among others;
- another person while using a deadly weapon;
- a teaching staff member, school board member, or another employee of any elementary or secondary publicly-funded educational institution, among others;
- a child less than six years of age (if the alleged offender is 18 years or older); or
- uses tear gas, noxious gas, an electric device, or electronic incapacitation device against an officer, employee, or other person listed in § 2702(c) while the latter is engaged in employment; or
- attempts to place any officer or employee listed in § 2702(c) while performing his or her work in fear of imminent serious bodily injury.
All elements of the crime must be proven beyond a reasonable doubt by the Commonwealth. That includes, when necessary, proof that you had the requisite intent, knowledge, or recklessness to attempt to cause or cause bodily injury. Joseph D. Lento will challenge the Commonwealth at each step.
What is the punishment if convicted of aggravated assault in Philadelphia?
Aggravated assault penalties are determined by the crime's grade. When an attempt is made to cause serious bodily injury or when serious bodily injury results from the assault, the offense is graded as a felony of the first degree. All other aggravated assault crimes are typically graded as a felony of the second degree.
The first-degree felony carries a prison sentence of up to 20 years in prison and a fine of up to $25,000. The second-degree felony carries a prison sentence of up to 10 years in prison and a fine of up to $25,000.
Philadelphia Aggravated Assault Defense Attorney
If you have been charged with aggravated assault, a conviction can mean serious prison time and fines. Joseph D. Lento will listen to what you have to say, develop a strong defense for you, and help you make the best decisions for you and your future.
Contact the Lento Law Firm today either online or at 215-535-5353 to set up a consultation.