An aggravated assault in Bucks County is when a person attempts to cause serious bodily injury to another, or caused such injury intentionally, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life; and/or attempted to cause, or intentionally, knowingly, or recklessly did cause bodily/serious bodily injury with a deadly weapon.
An F1 aggravated assault may also be established when the defendant causes serious bodily injury to an individual in specifically listed classes of people. See 18 Pa.C.S. § 2702(a)(2). Those 38 classes of people, which include police officers and firefighters, are set forth in Section 2702(c). Determination of whether defendant acted with the intent to cause serious bodily injury, for purposes of an aggravated assault conviction, under 18 Pa. Cons. Stat. Ann. § 2702(a)(2), was done on a case-by-case basis and must be argued by the Bucks County criminal lawyer; evidence that defendant delivered two closed-fist punches to the victim's head, rendering the victim dazed and helpless, and was positioned to deliver more punches, when officers came to the victim's aid, sufficiently showed defendant's intent to inflict serious bodily injury. Commonwealth v. Dailey, 2003 PA Super 223, 828 A.2d 356, 2003 Pa. Super. LEXIS 1753 (Pa. Super. Ct. 2003).
Evidence was sufficient to support defendant's conviction for aggravated assault under 18 Pa. Cons. Stat. §§ 302(b)(1), 901(a), and 2702(a)(2), where a police officer testified that defendant fired a gun at him twice from a distance of 60 to 70 feet, defendant admitted that his purpose upon seeing the police officer approach was to elude capture, defendant fired the shots at the officer immediately after realizing that he had been observed by the officer firing his gun multiple times at another man, and shooting the officer would have facilitated his escape, defendant knew the officer, and the jury could infer that defendant intended to injure the officer to better ensure an effective escape, and defendant admitted that he retrieved his unlicensed gun because he intended to shoot a third party. Commonwealth v. Hall, 574 Pa. 233, 830 A.2d 537, 2003 Pa. LEXIS 1437 (2003).
An older case from 1978 where the person was defended by a Lehigh County criminal lawyer held that defendants could be convicted of aggravated assault of a police officer under 18 Pa. Cons. Stat. § 2702(A)(2), (3) regardless of the extent of the injuries inflicted on the officers, where one defendant punched one officer when that officer identified himself, and where the other defendant pushed and kicked the other officer when the other officer tried to help the first officer. Commonwealth v. Olah, 254 Pa. Super. 280, 385 A.2d 1019, 1978 Pa. Super. LEXIS 2666 (1978).
The following year, however, a defendant was not guilty of aggravated assault under 18 Pa. Cons. Stat. Ann. § 2702(A)(2) where police who had been informed that defendant had participated in a theft entered the home of another person without a search warrant, went into a bedroom, and found defendant pointing a gun at them. Commonwealth v. Wagner, 486 Pa. 548, 406 A.2d 1026, 1979 Pa. LEXIS 703 (1979).