Aggravated Assault While Under the Influence
If you're facing a Pennsylvania DUI charge, there are several sentencing enhancements the district attorney can file that will increase your potential punishment in your driving under the influence case. One of those sentencing enhancements is aggravated assault while under the influence. This is an extremely serious charge that carries extraordinarily harsh consequences, so you need a knowledgeable DUI defense lawyer fighting for you. A skilled Pennsylvania DUI attorney from Levow & Associates is ready to evaluate your case and develop a strategic defense plan.
Aggravated assault while under the influence is a second-degree felony under Pennsylvania DUI law. However, in order to convict you of aggravated assault while under the influence, the district attorney must prove both the underlying Pennsylvania DUI charge and that the person's injury was directly caused by your alleged drunk driving.
The punishment for aggravated assault while under the influence is a maximum of 10 years in prison and a fine of up to $25,000. The facts of your case will guide the judge in determining your sentence if you're convicted of both the underlying Pennsylvania DUI charge and the aggravated assault sentencing enhancement.
Under Pennsylvania DUI law, you can only be charged with aggravated assault while under the influence if someone other than yourself suffered "serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ."
If another person was injured in a way that doesn't fit the above description, the district attorney can charge you with the less-serious sentence enhancement of felony DUI injury, which also carries harsh repercussions.
A Pennsylvania DUI charge with a sentencing enhancement of aggravated assault while under the influence carries extremely harsh repercussions, so it's imperative to mount an aggressive defense. An experienced Pennsylvania DUI lawyer from Levow & Associates will mount a defense designed to safeguard your rights and minimize the consequences of the charges against you.