PITTSBURGH AGGRAVATED ASSAULT ATTORNEY

The crime of aggravated assault is the more serious version of simple assault, so to speak, as it’s a first- or second-degree felony depending upon the circumstances.  Those circumstances are outlined in the chart that follows.  But all those circumstances generally involve the attempt to cause, or the intentional, knowing, or reckless cause of serious bodily injury or bodily injury to others, as well as specific groups in the performance of their duties:

 

Subsection Circumstances Degree
(a)(1)
  • Attempt to cause serious bodily injury; or
  • Cause serious bodily injury intentionally, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life
F1
(a)(2)
  • Attempt to cause serious bodily injury to the specific group of persons outlined in 18 Pa.C.S. § 2702(c); or
  • Intentionally, knowingly, or recklessly causing serious bodily injury to specific group of persons outlined in 18 Pa.C.S. § 2702(c), “while in the performance of duty”
  • Intentionally, knowingly, or recklessly causing serious bodily injury to “an employee of an agency, company, or other entity engaged in public transportation, while in the performance of duty.”
F1
(a)(3)
  • Attempt to cause bodily injury to the specific group of persons outlined in 18 Pa.C.S. § 2702(c), “in the performance of duty”; or
  • Intentionally, knowingly, or recklessly causing bodily injury to specific group of persons outlined in 18 Pa.C.S. § 2702(c), “ in the performance of duty.”
F2
(a)(4) Attempt to cause or intentionally or knowingly causes bodily injury to another with a deadly weapon F2
(a)(5) Attempt to cause or intentionally or knowingly causes bodily injury to, in sum, employees of public, private, or parochial elementary and secondary schools (including school-board members), while acting in the scope of employment of because of employment relationship to school F2
(a)(6) Attempts by physical menace to put the specific group of persons outlined in 18 Pa.C.S. § 2702(c), while in the performance of duty, in fear of serious bodily injury F2
(a)(7) Using tear or noxious gas, or an electric or electronic incapacitation device, against the specific group of persons outlined in 18 Pa.C.S. § 2702(c) F2
(a)(8) Attempt to cause or intentionally, knowingly, or recklessly cause bodily injury to a child less than 6 years of age, by a person 18 years of age or older F2
(a)(9) Attempt to cause or intentionally, knowingly, or recklessly cause serious bodily injury to a child less than 13 years of age, by a person 18 years of age or older F1

 

The specific group of persons (or protected class) under 18 Pa.C.S. § 2702(c) are identified 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),1 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.
  37. A wildlife conservation officer or deputy wildlife conservation officer of the Pennsylvania Game Commission.
  38. A waterways conservation officer or deputy waterways conservation officer of the Pennsylvania Fish and Boat Commission.

 

If you or a loved one is charged with aggravated assault, call Pittsburgh criminal defense attorney, Ryan H. James, who has tried and argued these cases with successful results.  Attorney James can be personally reached at 412-977-1827, or by e-mail at ryan@rhjameslaw.com