If you have been charged with Aggravated Assault while DUI, it is important to understand the laws and what you are facing.
What the Law Says
The concerning statute is Section 3735.1 of the Pennsylvania Motor Vehicle Code (75 Pa.C.S.A. § 3735.1). The offense is defined as:
Any person who negligently causes serious bodily injury to another person as the result of a violation of section 3802 (relating to driving under influence of alcohol or controlled substance) and who is convicted of violating section 3802 commits a felony of the second degree when the violation is the cause of the injury.
Serious bodily injury is legally defined as:
Bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
What does it mean?
If you were involved in an accident while DUI and anyone suffered a major injury because of it, you can be charged with Aggravated Assault while DUI. It doesn't matter if the injured person was a passenger in your vehicle, in another vehicle, or a pedestrian.
What are the penalties?
A conviction under Section 3735.1 carries the penalties of a felony of the second degree. This means that the judge can sentence you for up to 10 years in prison and fine you up to $25,000. These penalties are in addition to whatever penalties you may face on the DUI charge.
There is hope
A DUI charge is not an automatic conviction. Even if the test results show a high BAC number, you are not automatically doomed. An experienced and knowledgeable attorney who tackles tough DUI cases will identify issues in your case that can be challenged. Citizens like you have trusted Former Pennsylvania State Police Attorney Mike Sherman and he has been a life-saver for many. He is a different type of attorney. He's the kind who is willing to fight for you.
What is the Mike Sherman Difference?
Mike Sherman has unique experience and knowledge which he uses to protect his clients.
- Mike Sherman is a former attorney for the Pennsylvania State Police. He knows both sides of the law and uses that knowledge to benefit his clients.
- Mike Sherman wrote “the” Pennsylvania textbook on Pennsylvania DUI law, Driving Under the Influence Law and Practice.
- Mike uses a scientific method to investigate your case. Relying on his deep understanding of forensic science, he picks apart the evidence against you and looks for errors he can challenge. He then carefully prepares your case to highlight these issues and put you in the best possible position.
If you are facing a serious charge, don't delay. Call now to set up your free consultation at (412) 471-5000.