One issue that comes up in criminal defense is when can an accused be charged with Violent Crimes such as aggravated assault. The obvious scenarios where an accused can be charged with this crime occurs in the event of a Violent fight or beating or shooting, when an alleged victim suffers serious bodily injury, however, can an accused by convicted of this crime for giving a victim one too many beers or even heroin? assault crimes Before we assess this issue, you should be reminded to contact an experienced Violent Crimes attorney if you are being investigated for or have been charged with the crime of aggravated assault. This crime is very serious and can be punishable by a maximum of 20 years in prison and a $100,000 fine.
The Supreme Court case of the Commonwealth vs Comer was very illustrative when it came to showing when an accused could be convicted for the Violent Crimes charge of Aggravated Assault. In that case, the PA Supreme Court case found that the government had to prove that the accused acted with malice and wickedness of heart when they committed the crime that the led to the alleged aggravated assault. homicide Specifically, in that case the defendant ingested alcohol and downers while at a bar. He later decided to go to another bar. When the defendant left in his car to go to another bar, he travelled at excessive speed and crashed into a bus stand. The defendant cut off other cars while he was driving and sped unreasonably. Even though the road was busy the defendant still drove very fast. After the accident it was discovered that his bac was a .033%–more than 5 times the legal limit. Despite these facts the PA Supreme Court in Comer held that these facts did not mean that the defendant tried to have these facts occur. Therefore the government could not prove that he committed aggravated assault.