Aggravated Assault Penalties in Pennsylvania: What You Need to Know

Facing Aggravated Assault Charges? Here’s What You Need to Know

If you or a loved one is facing aggravated assault charges in Pennsylvania, you might be wondering, “What kind of penalties am I up against?” The short answer: aggravated assault is a felony in Pennsylvania, and the potential penalties include up to 20 years in prison and fines reaching $25,000. But those are just the basics—there’s a lot more you need to know about how these charges work, how they’re prosecuted, and what a defense strategy might look like.

As a lawyer who has handled many aggravated assault cases over the years, I understand how overwhelming this situation can feel. Whether this is your first time dealing with the legal system or you’ve had prior run-ins, the stakes are high—and getting the right guidance is crucial. In this article, I’ll break down what constitutes aggravated assault, the different levels of penalties, and how an experienced attorney can help you navigate your case.

What Exactly is Aggravated Assault in Pennsylvania?

The Legal Definition (18 Pa.C.S. § 2702)

Under Pennsylvania law, aggravated assault occurs when someone either:

1. Attempts to cause or causes serious bodily injury to another person, or
2. Uses a deadly weapon during an assault, or
3. Assaults a public official, such as a police officer, firefighter, or teacher.

Let’s say you’re involved in a heated argument at a bar, and things escalate. If you pick up a bottle and swing it at someone, you’re likely looking at an aggravated assault charge—even if you didn’t actually hit them. Why? Because using a bottle in a threatening way counts as using a deadly weapon.

Aggravated assault can be charged even when no one is seriously hurt. The key element is whether the prosecutor believes you intended to cause serious harm.

Types of Aggravated Assault and Penalties

First-Degree Felony Aggravated Assault

If the assault involves an attempt to cause or actually causes serious bodily injury, it’s considered a felony of the first degree. This is the most serious level, with penalties including:

• Up to 20 years in prison
• Fines up to $25,000

First-degree felony charges often arise when there’s evidence of premeditation or when the victim is severely injured. For example, if someone is hospitalized with life-threatening injuries after an altercation, you’re likely looking at this level of charge.

Second-Degree Felony Aggravated Assault

Assaults that don’t result in serious bodily injury but involve a deadly weapon or target specific individuals (like police officers) are charged as felonies of the second degree. Penalties include:

• Up to 10 years in prison
• Fines up to $25,000

In one case I handled, a client was charged with second-degree felony aggravated assault after an argument with his neighbor turned physical, and a knife was involved. Fortunately, we were able to argue that the use of the knife wasn’t intended to cause serious harm, which helped reduce the severity of the sentence.

Sentencing Guidelines and Enhancements

Pennsylvania uses sentencing guidelines to help judges determine appropriate penalties for aggravated assault. The guidelines consider two main factors:

1. Offense Gravity Score (OGS) – How serious the crime is.
2. Prior Record Score (PRS) – Whether you have previous convictions.

If the assault involved certain individuals—such as law enforcement or public officials—there may be sentencing enhancements, meaning you could face more severe penalties.

Real-Life Impact of an Aggravated Assault Conviction

Beyond prison time and fines, an aggravated assault conviction can have long-lasting consequences:

• Employment Challenges: A felony on your record makes it tough to find or keep a job.
• Loss of Gun Rights: Federal law prohibits convicted felons from owning or possessing firearms.
• Custody Issues: If you’re involved in a custody case, a conviction can harm your chances of maintaining or gaining custody of your children.
• Reputation Damage: Even after serving your sentence, the stigma of a violent crime can stick with you.

I once represented a father fighting for visitation rights after an aggravated assault charge. Even though he wasn’t convicted, the accusation alone complicated his custody case. With the right legal strategy, we were able to clear his name and protect his relationship with his children.

Defending Against Aggravated Assault Charges

Common Defenses

No two cases are the same, but here are some common defenses we use in aggravated assault cases:

1. Self-Defense
   If you were acting to protect yourself or someone else, you may have a valid self-defense claim. The key is proving that you reasonably believed you were in imminent danger.
2. Lack of Intent
   Aggravated assault requires intent. If we can show that you didn’t intend to cause serious harm—for example, if the incident was a tragic accident—the charges may be reduced or dismissed.
3. Insufficient Evidence
   Sometimes, the prosecution’s case isn’t as strong as it seems. We carefully scrutinize the evidence to look for inconsistencies or errors in the investigation.

Why You Need an Experienced Criminal Defense Attorney

Aggravated assault is a serious charge, and navigating the legal system on your own can feel like walking through a minefield. A good attorney will:

• Investigate the facts thoroughly
• Challenge weak evidence
• Negotiate with the prosecutor for a reduced charge or plea deal
• Advocate for alternative sentencing options, like probation

In one case, I was able to get an aggravated assault charge reduced to simple assault by showing that the prosecution’s evidence didn’t support the claim of intent to cause serious harm. This reduced the potential sentence from years in prison to just a few months of probation.

Frequently Asked Questions (FAQ)

1. What’s the difference between aggravated assault and simple assault in Pennsylvania?

Aggravated assault involves serious injury or the use of a deadly weapon, while simple assault typically involves minor injuries or threats.

2. Can you go to jail for aggravated assault even if no one was hurt?

Yes. If you used or threatened to use a deadly weapon, you can be charged and potentially go to jail—even if no one was actually injured.

3. Is probation possible for aggravated assault?

It’s possible, especially if you have no prior record and the circumstances of the case support a reduced sentence.

4. How long do aggravated assault charges stay on your record?

Unless successfully expunged, aggravated assault charges remain on your record permanently.

5. How much does a lawyer cost for an aggravated assault case?

Costs vary depending on the complexity of the case, but hiring a skilled lawyer is an investment in your future. A good defense can mean the difference between a long prison sentence and a more favorable outcome.

Conclusion

If you’ve been charged with aggravated assault in Pennsylvania, the stakes couldn’t be higher. The penalties are severe, and the long-term consequences can affect every part of your life. But you don’t have to face it alone. As an experienced criminal defense attorney, I can help guide you through this process and fight for the best possible outcome.

Need Help with a Aggravated Assault Charge? We proudly serve Mercer County, Lawrence County, Beaver County, and Butler County, Pennsylvania. Contact us today!