Aggravated Assault Charges Defense Attorneys in Kingston, PA, Assist Clients Charged With Felony Assault Crimes in Luzerne County, Lackawanna County, Columbia County, and Throughout Northeastern Pennsylvania
A charge of aggravated assault is a serious matter. To be prepared for the legal process ahead and have a chance of minimizing the consequences of this legal trouble on your life, you’re going to need a skilled Luzerne County aggravated assault lawyer on your side.
Let Muckler Law, LLC, help you through this difficult time. For a free, confidential consultation, contact us today.
What Constitutes Aggravated Assault in Pennsylvania?
When it comes to criminal offenses, “aggravated” violations are generally more serious and more severely punished than “simple” violations. That’s true for assaults that are alleged to take place in Luzerne County, as well.
Under Pennsylvania law (18 Pa. C.S.A 2702), aggravated assault encompasses violations in which the defendant:
- Intentionally or recklessly causes or attempts to cause severe injury to someone else through circumstances that show “extreme indifference to the value of human life”
- Intentionally causes or attempts to cause bodily injury using a deadly weapon
- Intentionally or recklessly causes or attempts to cause bodily injury to a child (if the defendant is 18 years old or older)
- Intentionally or recklessly causes or attempts to cause serious physical injuries to specified persons
The charges against you may be especially severe if they involve causing harm to persons afforded special protection under the law, including:
- Police officers
- Probation officers
- Parole officers
- Sheriffs
- Other law enforcement officials
- Correctional facility personnel
- Firefighters
- Emergency medical services personnel
- Health care practitioners
- Teachers
- School personnel
- Judges
- Government officials
- Private detectives
- Employees of government agencies
- Employees of public utility companies
- Employees of public transportation entities
In particular, crimes against any such person who is acting in the scope of their employment with the use of any of the following constitutes aggravated assault:
- Tear gas or noxious gas
- An electric or electronic incapacitation device (such as a taser or stun gun)
- Physical menace in an attempt to cause fear of imminent bodily injury
What Is the Difference Between Simple Assault and Aggravated Assault in PA?
Violations that give rise to charges of aggravated assault are generally considered more serious than those classified as simple assault, as defined under Pennsylvania law (18 Pa. C.S.A.2701). Violations that constitute simple assault in Pennsylvania can include:
- Intentionally or recklessly causing bodily injury (but without an element of “extreme indifference to the value of human life”)
- Negligently (rather than intentionally) causing bodily injury with the use of a deadly weapon
- Using physical menace to cause fear (not necessarily to law enforcement officers, government officials, or other persons listed above)
- Penetrating the skin of law enforcement officers or correctional facility personnel with a concealed hypodermic needle during an arrest or search
The factors that most commonly escalate an offense from a simple assault charge to an aggravated assault charge include the severity of the injuries caused, the (intentional) use of a deadly weapon, and whether the alleged victim was a child or a law enforcement officer, a government official, or another protected person as listed above.
Examples of Aggravated Assault
The same action, such as punching another person, may give rise to simple assault charges if the injuries are comparatively minor but could result in more serious charges of felony aggravated assault if the victim suffers long-term or permanent impairment or disfigurement.
Similarly, if the punch was directed at another adult who was not performing their job duties as one of the protected types of personnel, the defendant might face simple assault charges. The same circumstance involving an alleged victim who is a child or a police officer, government official, or other protected person could result in more severe aggravated assault charges.
Penalties for Aggravated Assault
Under Pennsylvania law (18 Pa. CS § 1103), a first-degree conviction on a charge of felony aggravated assault may result in a prison term of up to 20 years. Even a second-degree aggravated assault could send you to jail for up to 10 years.
These are lengthy prison terms, not a matter of merely a year or two. If you are convicted and sentenced to the maximum penalty, it’s a real possibility that by the time you’re released, everything in your life will have changed. Children will grow up, aging relatives may pass away, and you will have missed out on time you can’t get back.
The best path forward if you’re hoping to minimize the impact of aggravated assault charges on your life is to put your case in the hands of experienced aggravated assault charges defense attorneys in Kingston, PA.
Defending Against Aggravated Assault Charges in Luzerne County, PA
Given the serious consequences of felony charges for aggravated assault, the situation before you can seem bleak. However, now isn’t the time to give up hope. Instead, it’s time to turn to a Luzerne County aggravated assault lawyer with the skills to craft you a robust defense and explore every avenue available to you.
A knowledgeable Pennsylvania assault lawyer has several potential defenses to consider. In some instances, your defense might revolve around alibis and other evidence that shows that the allegations against you arose out of false accusations, fabricated evidence, or mistaken identity.
Your attorney might, on the other hand, seek to establish through evidence that the harm you’re accused of was inflicted in self-defense or in defense of another person who was in danger.
It’s the prosecutor’s job to prove your guilt beyond a reasonable doubt. If your attorney can present a compelling argument of reasonable doubt pertaining to any element of the case—such as whether significant injuries occurred, whether the alleged harm or threats occurred at all, or whether the incident actually happened as the prosecution says it did—they may be able to convince the jury to issue a not-guilty verdict or convince the prosecution to drop or downgrade the charges against you before a trial even occurs.
A Luzerne County aggravated assault lawyer may also argue that proper procedures were not followed, such as law enforcement conducting illegal searches and seizures or failing to properly obtain a warrant in circumstances that require it.
Finally, your attorney can assess all of your options, including whether it may be in your best interests to negotiate a plea bargain that allows you to serve a lighter sentence or plead guilty to a lesser crime while avoiding a trial.
Do I Need a Luzerne County Aggravated Assault Lawyer?
Your entire future is at stake. Without a knowledgeable aggravated assault attorney on your side, you have little chance of avoiding the harsh penalties that accompany a felony conviction for this violent criminal offense.
When you’re facing aggravated assault charges in Luzerne County, having the right lawyer can make all the difference.
Areas Our Luzerne County Aggravated Assault Lawyer Serves
At Muckler Law, LLC, our aggravated assault charges defense attorneys in Kingston, PA, are ready to assist clients throughout Luzerne County and beyond. A few examples of the areas where we represent defendants against aggravated assault charges include:
- Butler Township
- Dallas Township
- Exeter
- Hanover Township
- Hazle Township
- Hazleton
- Kingston Township
- Nanticoke
- Newport Township
- Pittston
- Plains Township
- Plymouth
- Swoyersville
- Wilkes-Barre
- Wright Township
Contact a Luzerne County Aggravated Assault Lawyer at Muckler Law, LLC, Today for a Free Consultation
For help from an aggravated assault attorney in Kingston, PA, contact Muckler Law, LLC, online or call 570-908-4069 today.
