Michael F. Niznik

Depending on the circumstances, aggravated assault can be charged as first or second degree felony. Under the Pennsylvania Aggravated Assault Statute, 18 Pa. Cons. Stat. § 2702,  aggravated assault is defined as follows: 

 

§ 2702.  Aggravated assault.

 

(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.

 

If you or a loved one has been charged with aggravated assault crime, you need the counsel of an experienced Philadelphia aggravated assault lawyer.  If charged with an assault crime, contact the Law Office of Michael F. Niznik today.