Aggravated Assault Attorneys

Aggravated assault - 18 Pa. Cons. Stat. § 2702 (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; or (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. (b) Grading.--Aggravated assault under subsection (a)(1) and (2) is a felony of the first degree. Aggravated assault under subsection (a)(3), (4), (5), (6) and (7) 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. (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

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 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 sated condition goes to the defendant’s present intent at the time the threat is issued.” Comm. v. Alford, 880 A.2d 666 (Pa. Super. 2003) 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)

An Aggravated Assault 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. As all Aggravated Assault charges are felonies, almost all Aggravated Assault case will begin with a preliminary arraignment upon arrest.

The Preliminary Arraignment is the first court date a defendant must attend. At the preliminary Arraignment the MDJ will set bail. If an arrest warrant has issued, this will occur prior to the preliminary hearing. If a preliminary hearing was scheduled via summons, the Preliminary Arraignment will occur simultaneous to the Preliminary Hearing.

Preliminary Hearings are the first opportunity for the Defense to test the evidence the Commonwealth plans to bring against them in a Lehigh County or Northampton County Aggravated Assault case. While the burden the Commonwealth must meet at this level is very low, it is a critical stage of the defense because it allows for the opportunity to lay the strategic groundwork that may make or break a defense in the upper courts. You should never waive a preliminary hearing without an attorney.

Formal Arraignment is the first court appearance in the Court of Common Pleas in an Aggravated Assault case. The purpose of the Formal Arraignment is to inform defendants of certain rights they have and deadlines in their case. If negotiations have led to a favorable plea agreement in your case, a plea may be entered at this court date

Depending on the individual case, any of the following types of court hearings may occur after preliminary arraignment but before a trial: • Diversionary Program Hearing – A diversionary program may permit an eligible person to complete court-ordered conditions without a conviction if admitted and completed successfully. ARD and treatment-court eligibility are governed by statute, current county criteria, prosecutorial discretion, and court approval; prior history may affect eligibility. • Habeas Corpus Hearing – A Habeas Corpus hearing, like a preliminary hearing, may be held to contest the sufficiency of the Commonwealth’s evidence prior to a trial. • Suppression Hearing – A suppression hearing may be held to have evidence illegally obtained by the police ruled inadmissible at trial. • Guilty Plea – If the Commonwealth and the defendant agree upon the terms of a guilty plea, a plea may occur at any time throughout the criminal court process

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 may testify as a witness in his or her defense. However, doing so opens the door for the prosecution to attempt to discredit the witness and in many cases allows the prosecution to bring up harmful information from the defendant’s past. 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.