Aggravated Assault Attorney - Philadelphia criminal defense attorney Zak T. Goldstein, Esquire, explains the types of Aggravated Assault charges and some of the possible defenses to such charges under Pennsylvania law. If you are under investigation or facing criminal charges in PA or NJ, call
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Aggravated Assault Attorney
Hi, my name is Zak Goldstein, a Philadelphia criminal defense attorney with the law firm Goldstein Mehta LLC. We handle aggravated assault cases. So that's the topic I'm going to talk about today, which is armed attacks. Generally, Aggravated Assault is always a felony in Pennsylvania state court and there are three types of aggravated assault that criminal defendants may face in Philadelphia and counties throughout Pennsylvania. The first type is the most serious. It is a felony of the first degree, and when aggravated assault is charged as a felony in the first degree, it usually involves serious bodily injury, which means that the defendant, whether intentionally or negligently, caused or attempted to cause bodily harm. to others. people. Usually it involves a person, a seriously injured person, or a weapon.
Nd Degree Aggravated Assault Results In Pti, No Criminal Record Morris County
So if you shoot someone, if you hit someone, multiple times, you know, you hit someone 100 times and break a bone, that's usually going to be aggravated assault as a first felony. Currently, the second type is an aggressive attack involving law enforcement or other protected classes. Any member of the class protected by a second-degree felony may be a corrections officer, police officer, judge, public defender, district attorney, SEPTA employee, or health care professional or physician. the status of a serious attack. At that point it should no longer be physical harm. If you try to harm the body either intentionally or deliberately, and it cannot be done by negligence, it means that it cannot be an accident, you cannot win. It really should be a spontaneous effort, or something you want to do. If you caused physical injury or attempted to injure a person under the law, such as a police officer, this is still a second-degree felony. This is true even if the person has only a small bruise or rash or swelling, it is not necessarily a serious physical injury.
And the third type of aggravated assault is also a second degree felony. Bodily injuries with a deadly weapon. It's like if you stick a knife in your arm, they're fine. They make a full recovery, they get a stitch or two, you know it's not a serious permanent injury, it's just a bodily injury with a deadly weapon because a knife is a deadly weapon, but it is not. serious injury to the body or business, but not something that will affect his life forever. They were in no danger of death. Aggravated assault as a crime of the same rating. Now, for each of these charges there is a defense.
You have been sued in Pennsylvania state court. You have an absolute right to a trial by a jury or jury. In most cases, you will also have a preliminary hearing. And similarly to some of these outrageous charges, there is a defense even in the first degree with a preponderance of the evidence, especially for aggravated assault as a first degree felony. The flight attendant has been accused of aggravated assault several times. The complainant will say, oh, he hit me, you know, five, 10 times. I was hit in the head multiple times and the prosecution will try to argue that this is aggravated assault as a first degree felony. So in the protection of completeness, there can be protection. No one was seriously injured. This person wasn't seriously hurt but it was only punches or kicks that were part of the fight, well it wasn't intent to cause bodily harm so the charges should be dismissed and it should be simple assault even at the preliminary hearing. don't. which has a slightly lower standard than the test.
As to the adequacy of other laws, there may be a challenge to what the defendant actually intended to do. In law enforcement, aggravated assault - Cannot resist arrest, cannot attempt to evade arrest. Even if a police officer ends up with bruises, it must be the defendant's intention and must be intentional or knowing. It can't be something that happened because of dishonest behavior. This can be a defense for aggravated assault as a second degree felony, and then there are a few defenses for bodily injury with a deadly weapon type of aggravated assault. severe, which can be a challenge whether or not it is truly fatal. weapons. You see a lot of crimes and violent attacks where the prosecutors and the police are not sure what kind of weapons are involved.
Difference Between Aggravated Assault And Simple Assault In New Jersey
Maybe it was a screw, maybe the defendant wore a ring and it led to a big break. A deadly weapon has a very specific definition, i.e. whether it is a firearm, whether it is carried or carried. Something that is a weapon like a knife. Otherwise, when any type of random object, be it a pen, a screwdriver, or a plate, which the accused has just seized, must be used in a calculated manner or likely to produce serious, er, death or serious bodily injury. . So if something is acquired during the war, it is not a deadly weapon by itself. There has to be something about the object that is most deadly like a knife or a gun, or it has to be the way it is used. Consistency is often the defense available in these types of cases, but there are other types of defenses that come with criminal cases.
A strong attack can be a shooting charge, which the defense can miss. It depends on the credibility of the witness. Did the witnesses really point to the right person? There may be a credible defense - witnesses who are telling the truth about what they saw or the truth about their injuries. Are they telling the truth that the accused really tried to do it? And then there is another defense, which is very special. This will be a speedy trial protection. The accused was quickly brought to trial. They will object to the evidence if the accused was stopped by the police or illegally interrogated without Miranda rights or interrogated as part of an illegal stop. These are all potential defenses to a charge of aggravated assault and potential defenses in any case because there's always a jury's right, there's a jury's right to a trial if they choose to go that route. that's you.
And then there are constitutional protections like the right to a speedy trial, the right to be free from unreasonable search and seizure, and the right to Miranda warnings. Now, we have handled countless violent assault cases, countless attempted murder cases, both in court and jury. We have received full amnesty in cases of aggravated assault and attempted murder. And if you're facing any type of assault charge or any type of criminal charge, we can help. Our criminal defense attorney offers a free 15-minute criminal defense strategy session to all clients. So call us at 267-225-2545 to discuss your case today. Aggravated assault or aggravated assault is defined by Michigan law as an "unlawful attack by one person on another that is used by a criminal to injure or express in a threatening manner." Aggravated assault is one in which the victim "experiences serious or aggravated bodily injury that includes visible broken bones, loss of teeth, possible internal injuries, serious injuries, or loss of consciousness- really."
Aggravated assault is a serious crime, and the sentences and consequences for people charged and convicted of aggravated assault can be life-changing. It is important that you know your legal rights if you have been accused and charged with aggravated assault, battery or felony assault.
California Criminal Defense Lawyer
If you are facing charges of assault with a dangerous weapon in Michigan, you have the right to hire a criminal defense attorney to represent you in court. In any criminal prosecution, the sooner you assert your rights, the better your chances of winning. At Michigan Defense Law, criminal defense attorney Paul J. Tafelski and our
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