State College Assault Attorney

In Pennsylvania, the crime most typically associated with inflicting injury upon another person is called Assault. Unlike in some jurisdictions which use the terms “battery” or “assault and battery”, in Pennsylvania a person can charged with the crime of assault if he attempts to cause or causes injury to another in a legally culpable manner or attempts by “physical menace” to put another in fear of imminent serious bodily injury. Under Pennsylvania law, the crime of Assault can generally be divided into two categories: Simple Assault, a misdemeanor under 18 Pa.C.S.A §2701 and Aggravated Assault, a felony under 18 Pa.C.S.A §2702 (although there are a number of other very specific assault crimes such as Assault of a Law Enforcement officer, Assault by Prisoner, etc.). Furthermore, Assault crimes are typically charged in conjunction with other lesser included offenses such as Recklessly Endangering Another Person, Terroristic Threats, and Harassment.

The least serious of the two major categories outlined above is Simple Assault which is generally a Misdemeanor of the 2d degree unless committed in the course of a of a fight or scuffle entered into by mutual consent (in which case it is a Misdemeanor of the 3d Degree) or against a victim under 12 years of age by a perpetrator over the age of 21 (in which case it is a Misdemeanor of the 1st Degree). All Aggravated Assaults, the more serious counterpart, constitute Felony offenses of varying degrees. The crime of Aggravated Assault has been described by the Pennsylvania Supreme Court as “the functional equivalent of a murder in which, for some reason, death fails to occur.” Com. v. O’Hanlon, 653 A.2d 616, 618 (Pa. 1995).

Unfortunately, here in State College, Pennsylvania, assault charges are all too common. Young college students are regularly charged with alcohol-fueled assaults for participating in physical altercations that often take place in and around State College bars or at local parties. The notion that “boys will be boys” rarely, if ever, carries the day and it is not uncommon for all participants in a fight that takes place on the heavily policed streets of State College to be arrested and charged with Assault. However, all too often, even individuals who mutually agreed to participate in a fight or scuffle are over-charged by law enforcement and find themselves facing Misdemeanor 2 Assault or even Felony Aggravated Assault charges. In such a case, it is important to have an experienced criminal defense attorney review your case, analyze the facts and, at the very least, ensure that the charges faced by a defendant are appropriate under the circumstances. Additionally, there are many defenses available as it often happens that an unwilling participant– sometimes even a victim of an assault– is charged as a perpetrator. In the law office of Rehmeyer & Allatt can work to have charges dismissed or, argue self-defense or defense of others at trial.

If you or a loved one have been charged with Assault, we urge you to contact the law office of Rehmeyer & Allatt for a free consultation.

Aggravated Assault is a very serious crime under Pennsylvania law. According to the Pennsylvania Supreme Court in a passage often quoted by PA defense attorneys, “Aggravated Assault is, indeed, the functional equivalent of a murder in which, for some reason, death fails to occur.” Com. v. O’Hanlon, 653 A.2d. 616, 618 (Pa. 1995). Unfortunately, here in State College, Pennsylvania we see this crime charged all too often by overly ambitious and aggressive law enforcement. Merely being charged with Aggravated Assault can have immediate and extreme consequences; given the severity of the crime it is not uncommon for defendants to be arrested and arraigned prior to their preliminary hearing and to have bail set in a high amount. While this is not always the case, in many cases individuals facing Aggravated Assault charges have to post monetary bail to be released from the county jail while they await the resolution of their case.

The Pennsylvania criminal code defines the crime of Aggravated Assault at 18 Pa.C.S.A. §2702. Under Pennsylvania law, Aggravated Assault is either a Felony 1 offense (meaning it has a maximum possible jail term of 20 years) or a Felony 2 offense (meaning it has a maximum possible jail term of 10 years). The difference in grading depends on the actor’s intent at the time of the assault as well as the results of the assault.

Under Pennsylvania law, the following acts constitute Felony 1 Aggravated Assault:

Attempting to cause serious bodily injury to another;

Causing serious bodily injury to another either intentionally, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life;

Attempting to cause serious bodily injury to an individual in the “protected class” of persons identified in the Aggravated Assault statute. These include law enforcement officers and officials, emergency medical services personnel, teachers at a publicly funded institution, public utility workers, and members of government.

Attempting to cause serious bodily injury to a child less than 13 years of age by a person 18 years of age or older

Causing serious bodily injury to a child less than 13 years of age by a person 18 years of age or older either intentionally, knowingly or recklessly.

PA law defines “serious bodily injury” as bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment or function of any bodily member or organ. 18 Pa.C.S.A. §2301.