Assault and Battery Defense

Aggravated assault charges defense, Assault and battery defense

Being charged with a violent crime can have serious repercussions.  Assault can be charged as either a misdemeanor or a felony.  When a person inflicts or attempts to inflict a physical injury on another person, it is called assault. 

An act can be considered assault when it involves physical menace (the fear of imminent injury to the body), a deadly weapon, or a hypodermic needle used to stab someone, especially a police officer or hospital personnel.

A defendant needs an aggravated assault charges defense when they are being charged with a felony assault.  A person might face this charge if they inflicted or attempted to inflict serious bodily injury, assaulted another person with a deadly weapon, or assaulted a member of a protected class of people such as a police officer, teacher, judge, prosecutor, child, or the elderly.   A simple assault can also be upgraded to aggravated if it occurred in a public place such as a school or a transit station.  Aggravated assault is knowingly, intentionally and recklessly causing serious bodily harm to another, in situations that show extreme indifference to human life.   

Pennsylvania & Crime: Battery

Pennsylvania does not charge battery as a separate offense.  Both simple and aggravated battery laws have been incorporated into the laws dealing with assault.  Assault and battery defense is similar to an assault defense for a client facing an assault charge.  

For the prosecution to win an aggravated assault case, they need to prove several things.  They must convince the jury that the defendant knowingly caused harm, and was aware of the consequences of his or her actions.  Acting recklessly is when a person consciously disregards the effect their actions will have.  A person is deemed to have acted recklessly when a reasonable person, in the same situation, would’ve been aware of the risks involved. Serious bodily injury results when there is a permanent loss, impairment, or disfigurement, or there was a substantial risk of death.  Any time it can be proven that the defendant’s actions were likely to cause serious injury or death, they can be shown to have an extreme indifference to human life.  

Punishments for assault charges range from up to one year in prison with fines of up to $2,500 for a third-degree misdemeanor to up to five years in prison and up to $10,000 for a first-degree misdemeanor.

If you have been charged with assault in or around the city of Pittsburgh, you will need an experienced criminal defense attorney. The Logue Criminal Defense team serves Pittsburgh, PA, and the surrounding areas, including West Virginia and Ohio. To get in touch and schedule a free initial consultation with an experienced Pittsburgh Criminal Defense lawyer from Logue Law Group call us today at 1-844-PITT-DUI or (412) 389-0805. Or, you can contact us online.

Don’t wait to call! The longer you wait to hire an attorney, the more difficult it becomes for him or her to get a good outcome for you and your case. Call today!

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