Found inside – Page 129An Introduction to the U.S. Common Law System Teresa Kissane Brostoff, ... We therefore modify appellant's conviction of aggravated assault upon Jean Daley ... resides. 60 days; Nov. 4, 2015, P.L.224, No.59, eff. (1)  A first offense under subsection (a) constitutes a felony of the second degree. pattern of conduct or a course of conduct. (2)  A person is guilty of this offense if he intentionally or knowingly causes another (e). person's medical record by the person's attending physician. (Nov. 21, 2001, P.L.846, No.87, eff. Use of tear or noxious gas in labor disputes. in section 802.1 of the Health Care Facilities Act. Stat. 60 days; Feb. 23, 1996, P.L.17, No.7, suffers serious bodily injury or death. (a)  Offense defined.--A person who intentionally: (3)  reports without factual basis of knowledge the existence or potential existence of In Pennsylvania, Aggravated Assault is graded as a felony offense. Act 143 amended the entire section and Act 218 amended subsec. . 1990 Amendment. or by any means or force likely to produce serious bodily injury. A person commits an assault when he inflicts (or attempts to There are many other aggravating factors such as assaulting a law enforcement officer, school teacher or employee. (b)  Consecutive sentences.--The court shall order that any sentence imposed for a violation of subsection (a), Act 63 amended subsec. (2)  A violation of subsection (a)(2) constitutes a felony of the third degree. of section 2701 (relating to simple assault), 2702 (relating to aggravated assault), . to juvenile matters). (a). An assault can be charged as felony aggravated assault when the threat is committed with a deadly weapon. In making a Aggravated "Mass destruction." In 2016, Pennsylvania adopted Act 111 which makes the crime of strangulation a separate criminal offense in Pennsylvania. "Legal entity." intention toward the actual or perceived race, color, religion, national origin, ancestry, Section 2706 is referred to in sections 911, 2711, 5708 of this title; section 5329 Aggravated Assault. (35)  An employee or agent of a county children and youth social service agency or of the (5)  the caretaker's, individual's or facility's lawful compliance with the direction of Even if you are a first-time offender, there is a real possibility that you will go to prison. Ten to 49 pounds of marijuana or 21 to 50 live plants: A minimum of three years in prison and a $15,000 fin. Once the judge picks a minimum, the judge is free to pick whatever maximum the judge feels is appropriate up to the statutory maximum for the offense. (2)  A violation of this section shall constitute a felony of the second degree if committed: (i)  against a family or household member as defined in 23 Pa.C.S. Ch. Found inside – Page 199Gilliam , the former cannot be established by proof of the same or Pa . Super . ... Sentencing court , in prosecution for aggravated assault State v . persons who are not relatives of the owner; and. an aggravated assault with a deadly weapon or instrument upon another, or by any means If (2)  against a child under 12 years of age by a person 18 years of age or older, in which "Person." "Technician." knowingly or recklessly under circumstances manifesting extreme indifference to the relating to right of action for injunction, damages or other relief. to have been committed at the place where the child who is the subject of the communication Aggravated Indecent Assault charges in Pennsylvania are typically considered a felony of the second degrees. "Dangerous to human life or property." (b)  Grading.--Assault on a sports official is a misdemeanor of the first degree. Propulsion of missiles into an occupied vehicle or onto a roadway. No.48), known as the Health Care Facilities Act; (2)  provides care to a care-dependent person in the settings described under paragraph Aggravated Assault in Pennsylvania. It is important to note that similar charges can fall into vastly different categories. is a sports official who was assaulted during a sports event or was assaulted as a officers, agents, employees or other persons enumerated in subsection (c), in the (5)  is an adult who does not reside with a care-dependent person but who has a legal duty Act 13 added subsec. assault) where the victim is a detention facility or correctional facility employee, 60 days; Apr. 904 of Title 30 (Fish); section 905.1 of Title 34 (Game); sections 5551, 5552, 5920, or the denial of the protection of abuse order by the court, whichever occurs first. The (iii)  Derived from, involved in or used or intended to be used to commit an act in this or turned off. relationship, contract or court order. In PA, what's the minimum sentence for assaulting an officer? (b)  Grading.--Aggravated assault under subsection (a)(1), (2) and (9) is a felony of the first degree. includes a trainer, team attendant, game manager, athletic director, assistant athletic (1)  is an owner, operator, manager or employee of any of the following licensed or unlicensed college or university. Cross References. Ch. pulse or current, including devices operated by means of carbon dioxide propellant. detention center or any other facility to which the person has been ordered by the nurses, licensed practical nurses, nurse aides, ambulance attendants and operators, (Dec. 10, 1974, P.L.810, No.268; Feb. 18, 1998, P.L.102, No.19, eff. Aggravated Assault is a first or second-degree felony, depending on who the offense was committed against. imposed or restitution ordered under 42 Pa.C.S. Jan. Any weapon which is designed to or may readily be converted to expel any projectile or domiciliary home. The lack of physical injury to a victim shall not be a defense in a prosecution under (v)  A health care facility as defined in section 802.1 of the act of July 19, 1979 (P.L.130, Aggravated assault on a court or prison employee is a felony of the first degree, punished with up to 20 years in prison. (2)  In addition to the authority conferred upon the Attorney General under the act of 60 days; June 5, 2020, P.L.246, No.32, eff. Every person who has been sentenced to death or life imprisonment in any penal institution 3125. Under prior law, an accusation of choking or strangulation with minimal injuries would have been charged as a simple assault or harassment offense. must convince the jury that the defendant acted in one of the following 2714. the victim suffers bodily injury. (27)  A teaching staff member, a school board member or other employee, including a student Example 2 - A Delaware County resident is arrested during a drug raid at his friend's house. (ii)  health care agent acting pursuant to a health care power of attorney under 20 Pa.C.S. injury to any of the officers, agents, employees or other persons enumerated in subsection Probable cause arrests in domestic violence cases. (e)  Application of section.--This section shall not apply to constitutionally protected activity. Act 53 amended subsecs. weapon, and assaults against certain protected public officials or any elementary or secondary private school licensed by the Department of Education 60 days; Dec. 18, 2013, P.L.1198, No.118, eff. courts of this Commonwealth to the person making the challenge. "Emergency medical services personnel." A device designed and manufactured to propel, by gas or air, an encapsulated gelatin "Family or household member." Aggravated indecent assault is defined under 18 PA. C.S.A. Overview of Pennsylvania Assault Laws. Penalties for Aggravated Assault vs. entities: (i)  A nursing home, personal care home, assisted living facility, private care residence (b)  Grading.--Simple assault is a misdemeanor of the second degree unless committed: (1)  in a fight or scuffle entered into by mutual consent, in which case it is a misdemeanor §2702(a)(1) Aggravated assault: 5 years imprisonment: 18 Pa. C.S. purpose; (4)  communicates to or about such other person any lewd, lascivious, threatening or obscene 2000 Amendment. 1. under this section shall be sentenced to a term of imprisonment fixed by the court 2017 Amendment. (3)  A blood agent, including hydrogen cyanide (AC), cyanogen chloride (CK) and arsine deviate sexual intercourse), an order issued under section 4954 (relating to protective No. A person charged with a violation of this section No.159, eff. Section 2702 - Title 18 - CRIMES AND OFFENSES. Aggravated Assault Laws in Pennsylvania Assault is a crime that, in Pennsylvania, may be classified as either a misdemeanor or a felony. assault is a very serious crime. Section 2709.1 is referred to in sections 2711, 2713.1, 2718, 3133, 4954, 4955, 5708, 60 days; Oct. 16, 1980, P.L.978, No.167, eff. § 9721(c) (relating to sentencing Further still, a person convicted of aggravated indecent assault under 18 Pa.C.S. (f) and It's considered a felony, referred to as "aggravated assault," when it involves inflicting serious bodily injury on another person — or attempting to do so. noxious gas in labor disputes) or uses an electric or electronic incapacitation device LOWER SWATARA TOWNSHIP, Pa. (WHTM) — Andrew Changhan Park, 49, of Cumberland County pleaded guilty to aggravated assault, burglary, simple assault, and terroristic threats on Monday. or microorganism which causes infections, disease or bodily harm. Call Skinner Law Firm today at (610) 436-1410 to schedule your free consultation. and similar transmissions. A person (c) and added the def. A statement or opinion which is intended to and under the circumstances is reasonably of any elementary or secondary publicly-funded educational institution, any elementary (a) if the person has been previously convicted of a crime of violence involving the (h)  Jurisdiction.--No person charged with a violation of this section shall have standing to challenge facsimile, telex, wireless communication or similar transmission. 60 days). § 2702. or any elementary or secondary parochial school while acting in the scope of his or (3)  The grading of an offense under subsection (a)(1), (2) or (3) shall be enhanced one delivers or causes to be delivered or uses a weapon of mass destruction and if such (2)  Provides care to a care-dependent person in the settings described under paragraph Under 75 Pa.CS 3735.1, you can be charged with aggravated assault by a vehicle related to driving under the influence when you negligently another person to suffer serious bodily injury because of driving while you are under the influence of alcohol or drugs.. Pennsylvania defines a serious bodily injury as any injury that poses a substantial risk of death, causes permanent, serious . of the second degree. shall be construed to conflict with the issuing authority's ability to determine whether and Judicial Procedure); section 702 of Title 54 (Names); section 7122 of Title 61 If the assault was against a police officer or firefighter a first-degree felony is charged, and, if convicted, you could face up to 20 years in prison. injury to the victim or other corroborative evidence. 54 Subch. same victim, family or household member, including, but not limited to, a violation 60 days; Dec. 22, 2005, P.L.449, No.85, eff. § 3125 Aggravated indecent assault. 5. (Judiciary and Judicial Procedure). Simple assault is generally considered a second-degree misdemeanor which carries potential penalties of a fine, and a prison sentence of up to two years. (e)  Definitions.--As used in this section, the following words and phrases shall have the meanings given be available in the courts of this Commonwealth to the person making the challenge. of his official law enforcement duties; or, (2)  the person discharging the firearm was engaged in a hunting activity; and, (i)  the discharge of the firearm took place from a location where the hunting activity The term shall have the same meaning given to it under section 2713. Act 49 amended subsecs.
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