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Aggravated Assault Attorneys

Serving Northampton, Lehigh & Monroe Counties from Easton

Updated · Pennsylvania lawReviewed by James Madsen, Esq. ·
Past-results notice: This page describes a prior matter for informational purposes. Every case depends on its own facts and law, and past results do not guarantee a similar outcome.

Aggravated assault is not a single fact pattern. Pennsylvania's statute includes different theories involving serious bodily injury, attempts to cause such injury, use of a deadly weapon, protected persons, and specified child-related conduct. The grading and proof depend on the subsection charged, the alleged mental state, injury evidence, relationship or status of the people involved, and any claim of self-defense. Current statutory text—not an older excerpt—must guide the assessment.

Police officer beside a patrol car’s flashing light bar

Is this your situation?

Aggravated assault is not only about how badly someone was hurt. Attempt, weapon, protected-person, age-specific, causation, identity, and justification issues can each control the analysis.

  • A fight or confrontation resulted in serious-injury allegations or hospitalization.
  • Police allege use or attempted use of a firearm, knife, vehicle, or other deadly weapon.
  • The alleged victim falls within a protected occupational or statutory category.
  • The charge involves a child or another subsection with age- or relationship-specific elements.
  • You claim self-defense, defense of another person, mistaken identity, or that the injury and intent were overstated.

Immediate risks

These allegations can affect liberty, contact, employment, and firearm possession before trial. Clients should follow bail and protection orders, preserve rather than recreate evidence, avoid witness contact, and disclose any related PFA or probation matter.

  • Aggravated-assault charges can be felonies and may carry substantial incarceration and collateral consequences.
  • Bail, no-contact, firearm, employment, and professional-license restrictions can arise before trial.
  • Surveillance, phone video, 911 audio, medical records, clothing, scene evidence, and witness memories can disappear or change.
  • Contact with the complainant can violate a court order or be interpreted as pressure even when initiated by the other person.
  • Companion charges and a PFA, probation, or firearm matter may proceed on related but distinct tracks.

What happens next?

  1. 1

    Complaint, bail, and safety orders

    The complaint identifies the charged subsection and supporting allegations. Counsel confirms bail, no-contact, surrender, and appearance obligations.

  2. 2

    Preliminary hearing

    The Commonwealth presents a prima facie case concerning injury or attempt, mental state, weapon, victim status, identification, and other required elements.

  3. 3

    Discovery and investigation

    The parties develop medical evidence, scene records, video, communications, witness accounts, forensic material, and evidence relevant to self-defense or causation.

  4. 4

    Motions and resolution review

    Counsel evaluates admissibility, identification, expert, self-defense, grading, severance, negotiation, and other pretrial issues based on the developed record.

  5. 5

    Trial or disposition

    If the case is not dismissed or resolved, the Commonwealth must prove the charged subsection beyond a reasonable doubt, subject to any properly raised defense.

How counsel helps

Counsel should connect the charged statutory theory to injury, intent, causation, identification, and justification evidence. The task is to test each required element while preparing responsibly for the seriousness of the alleged harm.

  • Match the allegations to the current § 2702 subsection, grading, protected status, injury definition, and required mental state.
  • Preserve surveillance, 911 calls, medical and scene records, photographs, messages, witness accounts, and physical evidence.
  • Investigate identification, causation, injury severity, weapon use, accident, self-defense, and defense-of-others issues.
  • Enforce discovery rights and challenge inadmissible, unreliable, or insufficient evidence through appropriate motions and objections.
  • Explain trial, negotiation, sentencing, and collateral-consequence choices without minimizing the charge or promising a result.

Detailed Lehigh Valley Guidance

The overview above addresses immediate decisions. The sections below provide additional local and topic-specific detail.

Aggravated Assault Attorneys in Easton Pennsylvania, Serving Lehigh & Northampton County

Our Lehigh Valley Criminal Defense Law Firm has attorneys for Aggravated Assault Charges in Northampton & Lehigh County

Our Aggravated Assault Defense Attorneys Represent Defendants in Allentown, Bethlehem & Easton and throughout the Greater Lehigh Valley

Our Aggravated Assault Attorneys have represented numerous individuals charged with Aggravated Assault in Easton, Allentown, Bethlehem & the Greater Lehigh Valley. We have successfully had Lehigh & Northampton County Aggravated Assault charges dismissed or downgraded.

In Pennsylvania, Aggravated Assault is graded as a felony offense. Although unlikely, the sentence for aggravated assault can reach up to 20 years in prison.

Aggravated Assault charges are often the result of the police or district attorney overreaching on what would otherwise be a simple assault charge. Other times Aggravated Assault is charged in Lehigh County & Northampton County when the alleged victim holds a certain status, such as a police officer or paramedic. Often, these charges may be dismissed because the defendant did not have the requisite intent or the injury was not serious enough to constitute the crime. Police are also prone to charge every individual involved in an altercation involving a gun with aggravated assault but, to do so, they must be able to prove that the gun could actually fire and the person charged had the intent to do more than simply scare someone else.

Our Criminal Defense Attorneys in Easton, Pennsylvania are here to help.  Call now if you, or a loved one, are facing Aggravated Assault charges.

Our Approach to Defending Aggravated Assault Charges in the Lehigh Valley

Aggressive Aggravated Assault Lawyers in Easton, Allentown & Bethlehem

Early Intervention & Aggressive Aggravated Assault Defense

Early Retention of a Lehigh Valley Criminal Defense Attorney Can Be an Important Step in Defending Aggravated Assault Charges in Easton, Allentown & Bethlehem

When at all possible we want to be involved in a Lehigh or Northampton County Aggravated Assault case as early as possible.  As time passes, memories fade or distort and witnesses may become harder and harder to track down.  Security camera footage in Allentown, Bethlehem or Easton may be overwritten and cell phone records may be destroyed.  Early contact may provide more time to preserve evidence and prepare. 

When at all possible, we prefer to be involved in an Aggravated Assault case, prior to the Preliminary Hearing in order to maximize our ability to defend against the Aggravated Assault charges.  It is often imperative that an Aggravated Assault Lawyer be able to hold a preliminary hearing to test the Commonwealth's evidence in an Aggravated Assault case.  Contact our Criminal Defense Lawyers to learn more.

Aggravated Assault Law in Easton, Pennsylvania

Below you can find the Pennsylvania Aggravated Assault Statute and some precedent favorable to the Defense of Aggravated Assault Charges

Aggravated assault - 18 Pa. Cons. Stat. § 2702
Aggravated assault - 18 Pa. Cons. Stat. § 2702

Current statutory text checked September 27, 2026 against the official text at palegis.us.

(a) Offense defined.--A person is guilty of aggravated
assault if he:
(1) attempts to cause serious bodily injury to another,
or causes such injury intentionally, knowingly or recklessly
under circumstances manifesting extreme indifference to the
value of human life;
(2) attempts to cause or intentionally, knowingly or
recklessly causes serious bodily injury to any of the
officers, agents, employees or other persons enumerated in
subsection (c) or to an employee of an agency, company or
other entity engaged in public transportation, while in the
performance of duty;
(3) attempts to cause or intentionally or knowingly
causes bodily injury to any of the officers, agents,
employees or other persons enumerated in subsection (c), in
the performance of duty;
(4) attempts to cause or intentionally or knowingly
causes bodily injury to another with a deadly weapon;
(5) attempts to cause or intentionally or knowingly
causes bodily injury to a teaching staff member, school board
member or other employee, including a student employee, of
any elementary or secondary publicly-funded educational
institution, any elementary or secondary private school
licensed by the Department of Education or any elementary
or secondary parochial school while acting in the scope of
his or her employment or because of his or her employment
relationship to the school;
(6) attempts by physical menace to put any of the
officers, agents, employees or other persons enumerated in
subsection (c), while in the performance of duty, in fear
of imminent serious bodily injury;
(7) uses tear or noxious gas as defined in section
2708(b) (relating to use of tear or noxious gas in labor
disputes) or uses an electric or electronic incapacitation
device against any officer, employee or other person
enumerated in subsection (c) while acting in the scope of
his employment;
(8) attempts to cause or intentionally, knowingly or
recklessly causes bodily injury to a child less than six
years of age, by a person 18 years of age or older; or
(9) attempts to cause or intentionally, knowingly or
recklessly causes serious bodily injury to a child less than
13 years of age, by a person 18 years of age or older.
(b) Grading.--Aggravated assault under subsection (a)(1),
(2) and (9) is a felony of the first degree. Aggravated assault
under subsection (a)(3), (4), (5), (6), (7) and (8) is a felony
of the second degree.
(c) Officers, employees, etc., enumerated.--The officers,
agents, employees and other persons referred to in subsection
(a) shall be as follows:
(1) Police officer.
(2) Firefighter.
(3) County adult probation or parole officer.
(4) County juvenile probation or parole officer.
(5) An agent of the Pennsylvania Board of Probation and
Parole.
(6) Sheriff.
(7) Deputy sheriff.
(8) Liquor control enforcement agent.
(9) Officer or employee of a correctional institution,
county jail or prison, juvenile detention center or any other facility to which the person has been ordered by the court
pursuant to a petition alleging delinquency under 42 Pa.C.S.
Ch. 63 (relating to juvenile matters).
(10) Judge of any court in the unified judicial system.
(11) The Attorney General.
(12) A deputy attorney general.
(13) A district attorney.
(14) An assistant district attorney.
(15) A public defender.
(16) An assistant public defender.
(17) A Federal law enforcement official.
(18) A State law enforcement official.
(19) A local law enforcement official.
(20) Any person employed to assist or who assists any
Federal, State or local law enforcement official.
(21) Emergency medical services personnel.
(22) Parking enforcement officer.
(23) A magisterial district judge.
(24) A constable.
(25) A deputy constable.
(26) A psychiatric aide.
(27) A teaching staff member, a school board member or
other employee, including a student employee, of any
elementary or secondary publicly funded educational
institution, any elementary or secondary private school
licensed by the Department of Education or any elementary
or secondary parochial school while acting in the scope of
his or her employment or because of his or her employment
relationship to the school.
(28) Governor.
(29) Lieutenant Governor.
(30) Auditor General.
(31) State Treasurer.
(32) Member of the General Assembly.
(33) An employee of the Department of Environmental
Protection.
(34) An individual engaged in the private detective
business as defined in section 2(a) and (b) of the act of
August 21, 1953 (P.L.1273, No.361), known as The Private
Detective Act of 1953.
(35) An employee or agent of a county children and youth
social service agency or of the legal representative of such
agency.
(36) A public utility employee or an employee of an
electric cooperative.
(37) A wildlife conservation officer or deputy wildlife
conservation officer of the Pennsylvania Game Commission.
(38) A waterways conservation officer or deputy
waterways conservation officer of the Pennsylvania Fish and
Boat Commission.
(39) A health care practitioner or technician.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Electric or electronic incapacitation device." A portable
device which is designed or intended by the manufacturer to be
used, offensively or defensively, to temporarily immobilize or
incapacitate persons by means of electric pulse or current,
including devices operated by means of carbon dioxide
propellant. The term does not include cattle prods, electric
fences or other electric devices when used in agricultural,
animal husbandry or food production activities.
"Emergency medical services personnel." The term includes,
but is not limited to, doctors, residents, interns, registered
nurses, licensed practical nurses, nurse aides, ambulance
attendants and operators, paramedics, emergency medical
technicians and members of a hospital security force while
working within the scope of their employment.
"Health care practitioner." As defined in section 103 of
the act of July 19, 1979 (P.L.130, No.48), known as the Health
Care Facilities Act.
"Technician." As defined in section 2 of the act of December
20, 1985 (P.L.457, No.112), known as the Medical Practice Act
of 1985.
Relevant Aggravated Assault Case Law
Intent & Aggravated Assault To commit an aggravated assault, one must either cause or attempt to cause serious bodily injury to another. Intentionally putting someone in fear of such injury is not sufficient to establish aggravated assault. Comm. v. Paige, 287 Pa. Super. 133, 429 A.2d 1135 (1981) Self defense & Aggravated Assault A person may not be held criminally liable when (s)he unintentionally, even recklessly or negligently, injures an innocent bystander while using justifiable force in self defense. Comm. v. Fowlin, 551 Pa. 414, 710 A.2d 1130 (1998) One Punch & Aggravated Assault A single punch resulting in a broken nose is insufficient to establish serious bodily injury or intent to cause serious bodily injury if the victim had reason to believe he may be hit. Comm. v. Alexander, 477 Pa. 190, 383 A.2d 887 (1978). But a single punch resulting in a broken nose and a severed artery may be sufficient to establish serious bodily injury. Comm. v. Caterino, 451 Pa. Super. 42, 678 A.2d 389 (1996) However, a “sucker” punch, to an unsuspecting victim may establish requisite intent for aggravated assault. Com. v. Burton, 2 A.3d 598 (Pa.Super. 2010); Commonwealth v. Patrick, 933 A.2d 1043 (Pa. Super. 2007) Guns & Aggravated Assault Pointing an unloaded gun at a victim as a threat to cause serious bodily injury is sufficient for simple assault but cannot constitute aggravated assault. Comm. V. Savage, 275 Pa. Super. 96, 418 A.2d 629 (1980) Conditional threats while pointing a handgun at victim may not be sufficient to establish aggravated assault. “(Defendant’s) words and actions in (this case) are in the nature of an implied conditional threat, i.e., either let me in the house or I may shoot you. Such a threat, conditioned on the victim’s performance of some act, is insufficient to prove aggravated assault. This is because the stated condition goes to the declarant's present intent at the time the threat is issued.” Comm. v. Alford, 880 A.2d 666 (Pa. Super. 2005) Bodily Injury & Aggravated Assault Mere scratches, even if rendered with a deadly weapon are not bodily injury. Comm. V. Mayo, 272 Pa. Super., 115, 414 A.2d 696 (1979)

Criminal Court Process in Lehigh and Northampton Counties

A brief explanation of criminal-court hearings in Lehigh and Northampton Counties

Filing of Charges
A criminal case begins with the filing of the charging paperwork in the District Court. The District Court serves as the gatekeeper for the Court of Common Pleas and generally does not decide guilt or innocence nor does it impose sentences in misdemeanor and felony cases. Under Pa.R.Crim.P. 509, a warrant is required when a felony or murder is charged and in specified circumstances such as reasonable grounds to believe the defendant will ignore a summons or poses a threat. A summons is ordinarily required when the most serious charge is a second-degree misdemeanor or a first-degree-misdemeanor DUI, absent those exceptions. Other cases—including many non-DUI first-degree misdemeanors—may fall within the issuing authority’s discretion. The actual charge, release status, service history, and case-specific facts control.
Preliminary Arraignment
A preliminary arraignment occurs after an arrest or warrant in cases that require it. The issuing authority advises the defendant of the charges and rights and addresses bail. A case initiated by summons may proceed without a separate preliminary arraignment, so the complaint, summons, warrant, and hearing notice control the next appearance.
Preliminary Hearing
At a preliminary hearing, the Commonwealth must present a prima facie case for charges to continue. The hearing is not a trial, and waiver can sometimes be part of a lawful strategy or agreement. No one should waive—or categorically refuse to waive—without understanding the evidence, bail posture, negotiations, and consequences in the particular case.
Formal Arraignment
Formal arraignment is a Court of Common Pleas proceeding at which the defendant is advised of the charges, rights, and important pretrial deadlines. The scheduling order and current county procedure control. A negotiated plea may sometimes be presented at or near that stage when permitted, but no agreement should be assumed and no filing deadline should be missed while discussions continue.
Pre-Trial Motions & Hearings
Proceedings after formal arraignment may include ARD or another diversion hearing, a habeas corpus challenge, a suppression or evidentiary hearing, a plea, a status event, or trial preparation. Each has a different legal standard and purpose. Suppression requires a supported constitutional or statutory basis; diversion remains discretionary; and a plea requires a knowing, voluntary, and intelligent decision after the terms and direct consequences are explained.
Criminal Trial
Whether a criminal trial is heard by a jury or by a judge depends on the grading, the right to a jury, any valid waiver, the court’s approval where required, and case-specific strategy. The decision should follow review of the charge, likely evidence, available defenses, and procedural rules—not a generalized assumption about emotion. If the case proceeds as a jury trial, the court and counsel examine potential jurors under the applicable rules. Challenges for cause and the permitted number of peremptory challenges depend on the case and governing procedure. The process continues until a qualified jury is selected and sworn. After a jury is chosen, the trial begins with opening statements. Because the government has the burden of proof, the prosecutor is allowed to make his opening statement first. The defense will then have the option of making an opening statement or waiting until after the prosecution rests its case. Defense lawyers usually opt to deliver opening statements immediately after the prosecution so that jurors can examine the government’s evidence under the defense’s theory of the case. After the opening statement(s), each side has the opportunity to present its case. The prosecution must present its case first. During this time the government presents evidence and elicits testimony from its witnesses. The defense is entitled to cross-examine each witness that the government calls. The prosecution must establish each charge beyond a reasonable doubt. When the prosecution rests, the defense may seek a judgment of acquittal when supported. The defense may then present evidence, but it has no obligation to do so and the defendant has a constitutional right not to testify. If a motion is denied, counsel and the client make the remaining trial decisions under the applicable rules. After the presentation of evidence concludes, the parties may make closing arguments. The order of argument and any rebuttal follow the applicable rules and the court’s directions. The defendant has the right to testify and the right not to testify. If testimony is considered, counsel should explain the subjects and permissible impeachment that may arise under the Pennsylvania Rules of Evidence and the actual record. The decision is personal to the defendant and should not be reduced to a categorical statement that prior history will or will not be admitted. While the prosecution must establish its case beyond a reasonable doubt, the defense has no obligation to present a case. When advantageous, the defense may rely solely upon raising a reasonable doubt in the prosecution’s case. After the closing arguments, the judge will read specific instructions to the jury outlining the legal standards necessary to decide if the defendant is to be found guilty or not guilty. The jury then leaves the courtroom to deliberate the case. If the jurors cannot reach a unanimous verdict, the court may declare a mistrial. A hung jury does not automatically dismiss the charges; subject to constitutional limits and later court rulings, the prosecution may seek a new trial or may decide not to retry the case.

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Law Office Staff

Frequently asked questions

What separates aggravated assault from simple assault?

The distinction depends on the charged subsection and can involve injury severity, an attempt to cause serious bodily injury, use of a deadly weapon, protected status, age, or another statutory circumstance. The complaint and current § 2702 control.

Is an actual serious injury always required?

No. Some subsections address an attempt to cause serious bodily injury, while others require bodily injury, serious bodily injury, or a particular victim or weapon circumstance. Intent and surrounding conduct can therefore be central.

What counts as a deadly weapon?

Pennsylvania uses a statutory definition that considers the object and how it was used or intended to be used. An ordinary object may be alleged as a deadly weapon in particular circumstances, but the label must be supported by evidence.

Can self-defense apply?

Potentially. Justification depends on what the person reasonably believed, the force threatened, the force used, who initiated or escalated the encounter, retreat rules where applicable, and other facts. It requires detailed evidence review.

Can the alleged victim drop the charge?

The Commonwealth, not a private complainant, controls the prosecution. A witness's position may affect evidence or strategy, but no one should violate a no-contact order or attempt to influence testimony.

Next step

Prepare for an Aggravated-Assault Consultation

Bring the complaint, affidavit if available, bail and no-contact orders, hearing notices, medical or injury information lawfully in your possession, photographs, messages, and related PFA or probation documents. Preserve clothing, video, 911 information, location records, and witness names without contacting the complainant. The consultation should identify the charged subsection, immediate restrictions, preservation requests, and the evidence relevant to intent, injury, identity, or justification.

Schedule a Consultation

Important: This page provides general information, not legal advice. Deadlines, procedures, eligibility, and potential outcomes depend on the specific facts and current law. No attorney-client relationship is formed by viewing this page.

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