Aggravated Assault while DUI: What Does it all Mean?

If you or a loved one has been charged with Aggravated Assault while DUI, you must have a lot of questions and fears about what is going to happen. Fortunately, The McShane Firm has helped many people who have faced these charges and is ready to answer your questions and help protect you.

What exactly is Aggravated Assault while DUI?

The law on the books is Title 75 Pa.C.S.A. Crimes and Offenses § 3735.1 which states:

Any person who negligently causes serious bodily injury to another person as the result of a violation of section 3802 (relating to driving under the 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.

The statute is applied when a driver who is driving under the influence of alcohol or drugs injures a person in a way that “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 are the Legal Penalties for Aggravated Assault while DUI?

If you are convicted of Aggravated Assault while DUI, you will be found guilty of a felony of the second degree. This means:

  • You could face jail time of up to 10 years.
  • You could be fined up to $25,000.
  • If you were unlicensed, driving on a suspended or revoked license, you may be sentenced to an additional 2 years.
  • These penalties are in addition to what you may face if convicted for a DUI (under section 3802).

What other Consequences could I be facing?

The consequences of a felony conviction in Pennsylvania are far reaching and can affect many facets of your life. Specifically for an Aggravated Assault while DUI, you can expect to:

  • Face civil liability because of the injuries caused to another person. Judges and juries tend to come down hard on DUI drivers who injure others.
  • See your car insurance rates skyrocket.
  • Your professional license can be suspended. Please see: Felony Conviction Consequences in Pennsylvania to find out how this can affect you.
  • Lose your ability to own a firearm.
  • Lose eligibility for student loans.
  • Face difficulties getting hired. If convicted, you will be labeled as a “Violent Felon”. Who wants to hire a Violent Felon? People who have been convicted of Aggravated Assault while DUI have faced difficulties finding a job. For example, you would be disqualified from driving for Uber, Lyft and other rideshare companies.

What should I do now?

If you are reading this blog post, you are doing the right thing by researching and learning about the charges you are facing. Additionally, you should call (717) 690-8643 to talk to one of the experienced attorneys at The McShane Firm so we can guide you through this trying time. Getting the right information and the right help will help put you at ease.

The McShane Firm is Pennsylvania’s Premier DUI Firm. No one can match our experience, qualifications and drive to succeed. We understand that you are scared. Many of our clients felt the same way before talking to us. At the end of the process, they walked away feeling that we secured the best possible outcome for them.

Justin McShane

PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.

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