Aggravated Assault in Pennsylvania: When a Fight Becomes a Felony

With over 30 years of experience as a criminal defense attorney, I’ve represented clients charged with both minor and severe offenses — including aggravated assault cases in Philadelphia and across Pennsylvania. If you’ve been charged or are under investigation, it’s critical to know what you're facing.

🔹 What Is Aggravated Assault in Pennsylvania?

Aggravated assault is defined under 18 Pa. C.S. § 2702. It involves an attempt to cause serious bodily injury, or causing injury intentionally, knowingly, or recklessly under circumstances showing extreme indifference to human life.

The charges also apply when the alleged victim is a protected person, such as:

• Police officers

• Firefighters

• Teachers or school employees

• Judges or other court personnel

• Public transportation workers

Even if the injury is minor, assaulting someone in one of these roles can still be charged as aggravated.

🔹 Examples of Aggravated Assault

Some common scenarios that can lead to this charge include:

• Using a weapon during a fight

• Punching someone so hard they suffer broken bones

• Assaulting a police officer, even if it’s a minor shove

• Causing injury while under the influence

• Choking or strangling someone

Intent and the extent of injury are major factors.

🔹 Penalties for Aggravated Assault

Aggravated assault is a felony in Pennsylvania:

• First-degree felony if serious bodily injury is caused

• Second-degree felony if bodily injury is caused to a protected person

Penalties may include:

• Up to 10–20 years in prison

• Fines up to $25,000

• Loss of gun rights

• Permanent felony record

Judges and prosecutors often seek aggressive sentencing in these cases, especially if a weapon is involved or the alleged victim was a public servant.

🔹 Defenses Against Aggravated Assault

Every situation is different, but some common defenses include:

✅ Self-defense — you were protecting yourself or someone else
✅ No serious bodily injury — charge should be downgraded to simple assault
✅ Lack of intent — actions were reckless, not intentional
✅ False accusation or misidentification
✅ Excessive force used by police during arrest

A strong defense can mean the difference between a felony conviction and having charges reduced or dismissed.

Take Felony Assault Charges Seriously

If you’re charged with aggravated assault, your future is at risk. A felony record can impact your job, housing, and personal life for years to come. But with the right legal representation, there are often ways to fight the charge or reduce the consequences.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.