What an Assault Lawyer Evaluates in Aggravated Charges

Facing aggravated assault charges is a serious legal matter that can result in felony convictions, years of imprisonment, and a permanent criminal record. I can be your assault lawyer in Philadelphia. These cases often hinge on the details of the incident, the alleged victim’s status, and the intent behind the actions. That’s why a criminal defense attorney must carefully evaluate every aspect of the case to develop a strong defense. With over 30 years of experience defending assault cases across the state, here’s what I review when handling aggravated assault charges on behalf of my clients.

What Is Aggravated Assault?

Under 18 Pa.C.S. § 2702, aggravated assault typically involves:

• Attempting to cause serious bodily injury

• Causing injury intentionally, knowingly, or recklessly under circumstances manifesting extreme indifference to human life

• Assaulting certain protected individuals, like police officers, teachers, judges, or emergency responders

Aggravated assault is charged as either a first-degree or second-degree felony, depending on the severity and context.

Key Questions an Assault Lawyer Will Evaluate

1. What Was the Alleged Level of Injury?

One of the first things I examine is the extent of the alleged victim's injuries. Aggravated assault requires proof of:

• Serious bodily injury (as opposed to minor harm)

• Injuries that cause long-term impairment, risk of death, or disfigurement

If the injury doesn’t meet that legal standard, the charge may be reduced to simple assault — a much less serious offense.

2. What Was the Intent or Mental State?

Intent is a critical issue. The prosecution must prove that my client:

• Intended to cause harm, or acted with extreme recklessness

I analyze:

• What led up to the altercation

• Whether alcohol or self-defense was involved

• Any medical or psychological conditions that may have impacted behavior

3. Who Was Involved in the Altercation?

If the alleged victim is a police officer, school employee, judge, or other protected class, charges may automatically rise to aggravated assault — even if the injury was minor.

I investigate:

• Whether the person was on duty

• If my client knew their official role

• If excessive force or improper arrest played a role

4. Is There Surveillance, Video, or Witness Testimony?

Objective evidence can be the turning point in these cases. I look for:

• Security footage or cellphone video

• Eyewitness statements (often conflicting)

• Body cam footage (if law enforcement was involved)

This evidence may support a claim of self-defense, or expose bias or inconsistency in the alleged victim’s account.

5. Were My Client’s Rights Violated?

I also review whether:

• There was probable cause for arrest

• Miranda rights were properly given

• Any statements or evidence were illegally obtained

If police or prosecutors violated my client’s rights, I can file motions to suppress evidence or dismiss charges altogether.

Possible Defenses Against Aggravated Assault Charges

• Self-defense or defense of others

• Lack of intent or recklessness

• Exaggeration or false accusation

• Mistaken identity

• Insufficient injury for felony-level charges

In some cases, I negotiate for charge reductions, entry into diversionary programs, or fight the case at trial if the facts warrant it.

Aggravated Assault Penalties

If convicted of aggravated assault, penalties may include:

• Up to 10–20 years in prison

• Fines of up to $25,000
  Loss of gun rights and professional licenses

• A permanent felony record

This makes a strong, strategic defense absolutely essential.

Facing Aggravated Assault Charges? Get Legal Help Immediately.

Aggravated assault is a serious felony, but serious charges don’t always mean certain guilt. A knowledgeable and experienced defense attorney can examine the facts, challenge the evidence, and fight to protect your freedom. Call for a professional criminal defense lawyer in Philadelphia.

With over 30 years of experience, I’ve helped clients face violent crime charges with confidence and clear strategy. Contact Mark D. Hauser, Attorney at Law today for a confidential consultation.