Aggravated Assault Of An Unborn Child

Serving Montgomery County And Communities In Chester County, In Delaware County And Throughout Pennsylvania

When facing a felony charge for aggravated assault of an unborn child in Pennsylvania, you could be looking at a lengthy prison sentence. If the assault charge is enhanced with an additional charge of using a gun or another deadly weapon, you face a mandatory minimum sentence of five years, with up to 50 years possible. You need serious legal help from a law firm that isn’t afraid to protect your freedom at trial.

A conviction for felony aggravated assault of an unborn child goes on your criminal record forever. Expunging or sealing it from the public isn’t possible. The only way to keep your record clean is to fight aggressively to avoid a conviction.

From offices in West Chester, our criminal assault lawyers represent clients charged with assault in Chester County, Montgomery County and Delaware County, as well as state and federal court jurisdictions throughout Pennsylvania. Contact our offices by email to arrange an initial consultation with an experienced West Chester assault attorney anytime, day or night.

Reputation And Credentials Make A Difference

When your back is against the wall facing a serious criminal charge for a violent crime, there is no other choice than to put your trust in your lawyer’s experience and professional reputation. Attorney Evan J. Kelly is a former assistant district attorney with the Chester County District Attorney’s Office and later served as chief counsel of oversight and investigations for the United States Senate Judiciary Committee under Sen. Arlen Specter. He has the experience and knowledge to defend you against serious charges.

For the government to convict someone of aggravated assault of an unborn child, it must show that the defendant attempted to cause serious bodily injury to the unborn child or caused such injury intentionally, knowingly or recklessly under circumstances manifesting extreme indifference to the life of the unborn child.

If the government cannot show that the accused intended to cause serious injury or attempted to cause serious injury to the unborn child, then it must prove that the accused caused the serious injuries maliciously. This type of situation can occur when someone is in a vehicle accident and causes an expecting mother to have a miscarriage as a result of the accident.

In such cases, however, the government must prove that the accused acted with malice aforethought. Malice has been defined by Pennsylvania courts as “a conscious disregard for almost certain death or injury such that it is tantamount to an actual desire to kill or injure; at the very least, the conduct must be such that one could reasonably anticipate death or serious bodily injury would likely and logically result.” Higher Pennsylvania courts have found that “motor vehicle crashes seldom give rise to the proof of malice needed to sustain a conviction for third-degree murder or aggravated assault.”

Make sure you hire an experienced criminal assault lawyer who can determine whether the government can meet this high burden. Don’t be bullied into a conviction for a crime that you didn’t commit. Hire an experienced and aggressive criminal assault attorney.