NBA Coach Charged with Assault with a Deadly Weapon – Aggravated vs. Simple Assault – What is the difference?   

Our law firm defends people charged with violent crimes and offenses in New Jersey and Pennsylvania.  These crimes are graded as felony and misdemeanor offenses.  If convicted, a person can face a long period of probation, jail and even state prison.  These types of criminal charges are obviously serious and can have drastic consequences to a person’s professional career and personal life.  A conviction can lead to lifelong stigma and the inability to carry firearms or even vote!

If you or a friend is charged with any crime of violence such as simple assault, aggravated assault or terroristic threat, you criminal defense lawyer must explore all defenses along with possible mitigation evidence.  A recent case involving an NBA assistant coach brings with it an opportunity to explain this type of case.  Obviously, this coach deserves a presumption of innocence and the ability to defend these charges at a trial.   

Recently, Dallas Maverick Assistant coach Darrell Armstrong was arrested and charged with aggravated assault with a deadly weapon. Armstrong allegedly hit a person with handgun and threatened to shoot the person.   These types of charges can happen to anyone!  Our criminal defense law firm has defended people from a variety of backgrounds.   

Simple vs. Aggravated Assault

In Pennsylvania and New Jersey, there are different degrees of assault. Assault is either a misdemeanor or a felony offense in the Commonwealth. If assault is a misdemeanor in Pennsylvania or a disorderly person offense in New Jersey, it’s defined as a simple assault in which the alleged perpetrator attempts to cause or intentionally, knowingly, or recklessly causes bodily injury to another person. 

Simple assault is also committed where the perpetrator acts negligently with a deadly weapon, causing bodily injury.

Aggravated assault occurs when the accused attempts to cause serious bodily injury to another or causes serious bodily injury intentionally, knowingly, or recklessly under circumstances “manifesting extreme indifference to the value of human life”. An aggravated assault is also committed when a person causes or intentionally or knowingly causes bodily injury with a deadly weapon.  This is the allegation in the Armstrong case. 

A critical component of the aggravated assault crime is malice. Malice is established where there is “wickedness” or “hardness of heart, cruelty, recklessness of consequence, and a mind regardless of social duty”. A person doesn’t need to target a specific victim to commit an aggravated assault. Specific intent to injure a specific person isn’t required in Pennsylvania.

The prosecution may also establish aggravated assault beyond a reasonable doubt under an accomplice liability theory. Accomplice liability isn’t the same as conspiracy and doesn’t require that a defendant form an agreement with the co-conspirator. Accomplice liability only requires that the accused person actively participate in such a way that it aids his cohorts and that aid was intended to facilitate crime.

Self Defense & Assault Charges

It’s important to understand, however, that if you’re charged with either aggravated or simple assault in Pennsylvania you can and should assert a self-defense argument if there are facts to support it.

Once Self defense asserted it, the burden passes to the Commonwealth (prosecution) to prove beyond a reasonable doubt that the accused’s act wasn’t justifiable self-defense.

The prosecution, however, can meet this burden to establish any of the following:

• The accused didn’t reasonably believe that he was in danger of death or serious bodily injury
• The accused provoked or continued the use of force
• The accused had a duty to retreat and retreat was possible with complete safety

The defense and prosecution will both make or arguments with regards to self-defense and a judge or jury will have to decide whether the accused’s belief was 1) reasonable, 2) free of provocation, and 3) whether the accused had a duty to retreat.

This analysis not only requires a judge or jury to look at the reasonableness of the belief but also the issue of provocation. Provocation is key in this situation because a person can’t assert a self-defense argument if he started the incident which ultimately required him to act in self-defense.

What to Do If You’re Charged with Assault in New Jersey or Pennsylvania? 

Assault is a serious criminal charge!  If you’re charged with the aggravated assault or simple assault it’s important that your defense attorney consider a self-defense argument especially if the victim has significant injuries.

If there are significant injuries, the prosecution will argue that you intended to commit serious bodily injury and will seek a conviction for a felony offense. Even if you are just convicted of a simple assault (misdemeanor) this conviction will follow you and hinder your ability to obtain certain employment positions and professional opportunities.

Contact Our Criminal Defense Lawyers in PA & NJ

Please click here to contact our  criminal defense lawyers. We offer free case reviews and serve the following areas in Pennsylvania and New Jersey,  Atlantic City, Camden, Cherry Hill, Chester, Conshohocken, Doylestown, Media, Norristown, Philadelphia, Pottstown, Salem, Upper Darby, Upper Merion, Upper Providence, Vineland & Woodbury areas.