What is the Minimum Sentence for Aggravated Assault in PA?
Aggravated assault is a serious criminal offense in Pennsylvania, and the penalties can be severe. In this article, we will explore the minimum sentence for aggravated assault in PA, the factors that can affect the sentence, and what you can expect if you are charged with this offense.
What is Aggravated Assault in PA?
Aggravated assault is a felony offense in Pennsylvania that occurs when someone intentionally, knowingly, or recklessly causes serious bodily injury to another person. The injury must be serious and permanent, and it can include physical harm, disfigurement, or mental or emotional distress.
Minimum Sentence for Aggravated Assault in PA
The minimum sentence for aggravated assault in PA is 5 years in prison. However, the actual sentence can vary depending on the specific circumstances of the case. The judge may consider factors such as:
- The severity of the injury: If the injury is particularly severe, the judge may impose a longer sentence.
- The use of a deadly weapon: If a deadly weapon was used during the assault, the judge may impose a longer sentence.
- Prior criminal record: If the defendant has a prior criminal record, the judge may impose a longer sentence.
- Mitigating or aggravating circumstances: The judge may consider mitigating circumstances, such as the defendant’s age, mental health, or lack of prior criminal record, or aggravating circumstances, such as the defendant’s use of violence or threat of violence.
Aggravated Assault with Serious Bodily Injury
If the victim suffers a serious bodily injury, the minimum sentence for aggravated assault is 7 years in prison. A serious bodily injury is one that creates a substantial risk of death, causes serious and permanent disfigurement, or causes serious and permanent impairment.
Aggravated Assault with a Deadly Weapon
If a deadly weapon was used during the assault, the minimum sentence for aggravated assault is 9 years in prison.
Aggravated Assault with a Prior Conviction
If the defendant has a prior conviction for aggravated assault, the minimum sentence is 10 years in prison.
Concurrent or Consecutive Sentencing
The judge may also consider whether the sentence will be concurrent or consecutive. If the sentences are concurrent, they will run at the same time. If the sentences are consecutive, they will run one after the other.
Table: Minimum Sentence for Aggravated Assault in PA
| Aggravated Assault | Minimum Sentence |
|---|---|
| Standard Aggravated Assault | 5 years |
| Aggravated Assault with Serious Bodily Injury | 7 years |
| Aggravated Assault with a Deadly Weapon | 9 years |
| Aggravated Assault with a Prior Conviction | 10 years |
Conclusion
Aggravated assault is a serious criminal offense in Pennsylvania, and the penalties can be severe. The minimum sentence for aggravated assault is 5 years in prison, but the actual sentence can vary depending on the specific circumstances of the case. It is important to consult with an experienced criminal defense attorney to understand the potential consequences of an aggravated assault charge and to develop a strategy for defending against the charges.
Bullets List: Factors Affecting the Sentence
• Severity of the injury
• Use of a deadly weapon
• Prior criminal record
• Mitigating or aggravating circumstances
• Serious bodily injury
• Prior conviction for aggravated assault
