Facing Aggravated Assault While DUI in Pennsylvania? Here's What You Need to Know
If you've been charged with Aggravated Assault While DUI, you're likely overwhelmed and uncertain about your future. The stakes are high: a conviction means you become a convicted felon, and the penalties can drastically impact your life. However, there is hope. With the right defense, you can challenge the charges and protect your rights.
What Is Aggravated Assault While DUI?
Aggravated Assault While DUI is one of the most serious offenses related to driving under the influence. Under Pennsylvania law (75 Pa.C.S.A. § 3735.1), the crime occurs when someone negligently causes serious bodily injury to another person while driving under the influence of alcohol or drugs. It's classified as a felony of the second degree, making it a life-changing charge.
Breaking Down the Law
To understand your case, it's essential to know what the law requires:
- Serious Bodily Injury: The law defines this as an injury that creates a substantial risk of death, causes serious and permanent disfigurement, or results in the protracted loss or impairment of any bodily function. In plain English: if another person fractures a bone (or worse), it is a “serious bodily injury.”
- Causation: The prosecution must prove that your driving under the influence directly caused the accident and resulting injuries. If another factor—like reckless actions by a pedestrian or another driver—caused the injuries, this could be a critical defense.
The Penalties Are Severe
Aggravated Assault While DUI is a second-degree felony. If convicted, you're facing:
- Prison Time: Up to 10 years in prison.
- Fines: As much as $25,000 in fines.
- Sentence Enhancement: There is a possible additional two year jail sentence if you were driving without a license or driving on a suspended license.
- DUI Penalties: Additional consequences tied to your DUI charge, including license suspension, mandatory treatment programs, and more.
But the consequences extend far beyond the courtroom. A felony conviction affects nearly every aspect of your life:
- You can't own or possess firearms.
- You're barred from voting.
- You may lose professional licenses and employment opportunities.
- Travel to certain countries, like Canada, becomes restricted.
- A felony record will follow you forever, impacting housing, credit, and career prospects.
Why Hope Isn't Lost
Even in cases where the evidence seems stacked against you, defenses exist. As an experienced Pennsylvania DUI attorney, Mike Sherman can analyze every detail of your case to uncover weaknesses in the prosecution's arguments. For example:
- Challenging Causation: The law requires a direct link between your DUI and the injuries caused. If external factors, such as weather conditions, road hazards, or the actions of another party, contributed to the accident, this could significantly weaken the prosecution's case. In some instances, expert testimony may be used to highlight these alternative causes.
- Blood/Breath Test Accuracy: Blood tests are prone to error. Contamination, improper handling, or equipment malfunctions could result in inaccurate results. Furthermore, certain medical conditions, such as diabetes or acid reflux, can cause elevated BAC readings that are not reflective of actual impairment. Your attorney can challenge these results by scrutinizing testing procedures and consulting forensic toxicologists.
- Improper Police Procedures: Law enforcement officers are required to follow strict protocols during DUI investigations, including field sobriety tests and chemical testing. If they fail to follow these guidelines, evidence against you could be suppressed. An attorney with experience in DUI defense can identify procedural errors that might benefit your case.
- Accident Reconstruction: Hiring experts to reconstruct the accident can reveal the truth about what happened, sometimes disproving police claims. Detailed analyses of vehicle speeds, impact angles, and road conditions can demonstrate that the injuries occurred due to factors unrelated to your alleged impairment.
- Witness Statements: Eyewitness accounts can play a pivotal role in shaping the narrative of what happened. A skilled attorney can cross-examine witnesses to uncover inconsistencies in their stories or introduce new witnesses who provide a more accurate depiction of events.
- Medical Records Review: Sometimes the severity of injuries—or whether they meet the legal definition of "serious bodily injury"—can be contested. By reviewing medical records and consulting with healthcare professionals, your attorney may challenge whether the injuries warrant felony charges.
Defenses like these are why it's critical to act quickly. A thorough investigation and the use of expert resources can make all the difference in building a strong case and safeguarding your future.
Case Study: A Success Story
In one case, the police claimed our client was driving 96 mph at the time of the accident. Using an accident reconstruction expert, we proved the client's speed was actually 60 mph—a critical difference that changed the outcome of the case. Similarly, we have successfully challenged blood test results and other key evidence in numerous cases, securing reduced charges or outright dismissals for our clients.
Go to our case results page to see some of the successful results we have achieved for our clients.
Why Choose Mike Sherman Law?
Mike Sherman brings a unique combination of experience and dedication to every case:
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Former Pennsylvania State Police Attorney: Mike's insider knowledge gives him an edge in anticipating and countering the prosecution's strategies.
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Pennsylvania DUI Expert: As the author of the leading textbook on Pennsylvania DUI law, Mike regularly teaches other attorneys how to handle DUI cases.
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Scientific Approach: Using his extensive knowledge of forensic science, Mike scrutinizes blood tests, accident reports, and other evidence to find errors that can be challenged.
- Proven Results: With decades of courtroom experience, Mike has helped countless clients avoid life-altering consequences by crafting strong defenses tailored to their unique circumstances.
What Should You Do Now?
The most important step is to act quickly. Evidence can disappear, and witnesses' memories can fade. Here's how you can take control of your case:
- Don't Wait: The sooner you consult an experienced attorney, the better your chances of building a strong defense.
- Call for a Free Consultation: Reach out to Mike Sherman Law at (412) 471-5000. You'll receive personalized advice and a clear understanding of your options.
- Gather Information: Start collecting any documentation or details about the incident, including witness names, photos, and any medical reports.
The Mike Sherman Difference
When you choose Mike Sherman, you're not just hiring a lawyer—you're gaining a dedicated advocate who fights tirelessly for your future. Mike provides direct access to his clients and ensures you're informed and empowered throughout the process.
Don't face this charge alone. Contact Mike Sherman Law today and take the first step toward protecting your future. Your consultation is free, and your defense begins the moment you call. Dial (412) 471-5000 now.
