Pennsylvania Aggravated Assault Charges

Pennsylvania aggravated assault charges address physical or attempted physical altercation between two or more people. They are common charges throughout the state, but that does not make them less serious. Convictions can result in severe fines and decades of your life in prison.

In this article, Brad V. Shuttleworth, an award-winning defense attorney in Philadelphia, answers the following legal questions from a general standpoint:

Let’s start by examining Pennsylvania’s definition of “aggravated assault” to better understand your or your loved one’s charges.

What is Aggravated Assault?

Pennsylvania’s criminal statutes generally define aggravated assault, also called felony assault, as an event where one person causes serious bodily harm against another per 18 Pa.C.S. § 2702. However, the law is far more expansive than this general definition and can include attempts to harm government employees seriously.

Aggravated assault charges in Pennsylvania typically involve the following allegations:

Caused or attempted to cause serious bodily harm to another, or committed extreme acts of “indifference to the value of human life”
Caused or attempted to cause serious bodily harm against public transportation employees while in the performance of their duties
Caused or attempted to cause serious bodily harm to another with a deadly weapon
Caused or attempted to cause serious bodily harm school while acting in the scope of employment
Attempted put public employees in fear of imminent serious bodily injury by physical menace while acting within the scope of their employment
Used noxious gases or electronic devices against any officer against public employees while acting in the scope of their employment
Caused or attempted to cause serious bodily harm bodily injury to a minor under age six (6) by someone older than eighteen (18)
Caused or attempted to cause serious bodily harm to a child under age thirteen (13) by someone older than eighteen (18)

As you can see from the above-referenced list, aggravated assault covers a wide range of elements. For more information, check out the statute’s exact legal text here.

Is Aggravated Assault a Felony?

Yes, aggravated assault is a felony in Pennsylvania. Our state classifies these charges as either a 1st- or 2nd-degree felony. The degree of charges depends upon the facts of the case, including parties involved, the victim’s age, weapons used, and the event’s location.

How Much Is Bail for Aggravated Assault?

It is challenging to estimate bail for aggravated assault in Pennsylvania since they are wide-ranging. However, Philadelphia criminal defense lawyer, Brad V. Shuttleworth, reports seeing bail amounts ranging from a few thousand to several hundred thousand dollars. Bail in Philadelphia is usually set at a monetary amount, and just 10% of that amount needs to be posted for bond. At the end of the case, you get all that money back.

What Is the Jail Time for Aggravated Assault?

The jail time for aggravated assault depends on the degree charged. In Pennsylvania, you can face up to 20 years imprisonment for a 1st-degree felony assault charge and ten (10) years imprisonment for a 2nd-degree felony assault charge under 18 Pa. CS § 1103.

The exact statute text is available on this web page.

Aggravated Assault Fines

Prison is not the only penalty on the line. You could also face steep fines as well. In Pennsylvania, 1^st– and 2^nd-degree aggravated assault felonies carry up to $25,000 in civil penalties.

Can Aggravated Assault Charges Be Dropped in PA?

Yes, you can get aggravated assault charges dropped in PA, especially if the prosecutor lacks evidence or a civil rights violation occurred. However, every case is different, meaning that you will need a personalized approach according to the specific facts of your charges.

Should I Go to Trial or Accept a Plea Deal for Aggravated Assault?

Accepting a plea deal for aggravated assault is entirely up to you. However, you should always discuss your legal options with a defense lawyer even before reaching this point in your case. We can offer legal advice to help you weigh the pros and cons of accepting a plea deal or taking your case to trial.

Important Note About Plea Deals

Entering into a plea bargain means that you have to plead guilty to a crime. You waive your right to a judge or jury trial and must adhere to the judge’s sentencing order. Prosecutors are also under no imposition to accept or offer one, so you should discuss your case with private defense counsel first. Pleading guilty creates a criminal conviction that will be on your record forever.

Can You Plead Down From Aggravated to Simple Assault?

If the prosecutor accepts your plea bargain, you could plead guilty from aggravated down to simple assault charges. However, you may not want to take a cavalier approach to this strategy since doing so could result in severe legal mistakes. Every criminal conviction stays on your record forever – entering into a plea deal is a big deal no matter what the charges are. Instead, get the opinion of a defense lawyer and form a plan of action from there.

Is It Possible to Beat Aggravated Assault Charges at Trial?

Yes, it is possible to beat aggravated assault charges at trial, which is one of the reasons our justice system exists. However, you must prove your innocence through admissible evidence, trial preparation, and attending hearings. If you are serious about beating your aggravated assault charges, it is time to think about hiring a criminal defense lawyer as soon as possible.

Do I need a Pennsylvania Aggravated Assault Defense Lawyer?

Being charged with aggravated assault is a life-changing experience. However, an aggravated assault attorney in Pennsylvania can help in several ways, including conducting an independent investigation and procuring the legal resources necessary to fight your charges.

You may need a Pennsylvania aggravated assault defense lawyer if any of the following are true:

The police are detaining your loved one
You are not sure what to do after an arrest
You have an upcoming hearing scheduled
The DA’s Office offered you a plea bargain
You are scared thinking about what is going to happen
You had a past relationship with the victim
You did not commit the crime

The decisions you make today can impact the rest of your life. Never accept responsibility for a crime you did not commit or that the DA cannot prove. Get in touch with a defense lawyer to help you devise a case strategy, whether you accept a plea deal or go to trial.

Pennsylvania Aggravated Assault Charges? Get a Free Case Evaluation With Our Legal Team

You deserve trustworthy legal advice and information from a tough and experienced aggravated assault lawyer in Pennsylvania. Shuttleworth Law P.C. is ready to help. Call Brad V. Shuttleworth now for a Free Case Evaluation at 888-529-3486 or message him directly online. We can travel to you or meet via video chat if you cannot travel to our Philadelphia office.

Damon Galdo 2 weeks ago

Very professional. Brad was very kind and went out of his way to help out with matters not specific to my case. 5 stars across the board!

...

nicholas 2 weeks ago

It was awesome working with Brad, he was very trustworthy, communication was excellent and very easy person to work with. I would 1000% recommend to anyone. Thanks Brad and his team for their help.

Matt Phelps 3 weeks ago

Brad was always available to answer questions and always ensured they were answered in their entirety. I had spoken to other attorneys who just wanted to throw a large $$$ retainer without explaining exactly what they could deliver. Brad looked over the issue I brought to him, assessed the situation, and clearly explained what he could deliver. Brad ensured every aspect of the case was reviewed to ensure the best outcome was achieved. When meeting with Brad, he ensured his focus was on you and made you feel like his only client was you. Hands down, I highly recommend Brad!

Dave 3 weeks ago

Brad and his firm helped me quickly, fast response! Making it a smooth process. Took the time with me to go over details, even on a Sunday. I could tell he was on the phone at home, hearing his family in the background. left me with a good feeling i made right choice! can't recommend enough!

Melissa Rivera 4 weeks ago

Brad is very professional and honest, his staff is incredibly knowledgeable and helpful as well. From the moment we spoke I knew he was the lawyer to handle our case.

Melissa Montes 4 weeks ago

Brad was my fiancé’s attorney, he was truly exceptional from start to finish. He was incredibly attentive, knowledgeable, and well-mannered throughout the entire process. He consistently kept us informed, was reliable every step of the way, and ultimately got our case dismissed. His professionalism and dedication made a stressful situation so much easier. I highly recommend him to anyone in need of a defense attorney—his service is outstanding and absolutely deserves five stars. Thank you Brad!! Vinny and Melissa

Nicholas Caputo 2 months ago

I spoke with several attorneys before I decided on Brad. It was clear to me based on these discussions, that Brad was the one to go with - he is extremely knowledgeable and skilled in the field of copyright law. The information he provided was more consistent with my own research than others, he was able to share new information with me that I was able to independently confirm as accurate, and his proposed action plan and projected goal for settlement was far better than the competition. Brad answered literally all of my questions to my satisfaction and made himself available and accessible for regular contact via multiple methods. Brad is also very familiar with the attorneys in this space on the opposing side and has much experience in dealing with them. In the end, the whole process took about 6-7 weeks, and we settled for an amount that was even better than our initial projected goal. I am very pleased and impressed with the outcome and Brad's overall performance. I would certainly engage him again in the future and would recommend him to anyone attempting to effectively and efficiently resolve a copyright case. Five Stars.

Wookyung Kim 2 months ago

The explanation on the case was succinct, precise and easy to understand. The firm's performance and the results also were all satisfactory.

Tyler Berkheiser 2 months ago

Great experience, very responsive and professional. Handled my case quickly and kept me informed with every step. I will use Brad again if I ever have a need in the future.