Injuries, Intent and Class – Pro Golfer Scottie Scheffler – Are injuries the only factor which determines felony (aggravated) assault? 

Criminal Assault is a criminal offense which can be graded as felony or misdemeanor in Pennsylvania.  In New Jersey, assault is considered an indictable crime (felony) or a disorderly persons (non felony).  The difference between felony assault is usually based on the severity of the victim’s injuries, or the intent to cause those injuries.   The grading of an assault charge, however, can also be based on the class of individual attacked. 

This is the case of Scottie Scheffler in Louisville, Kentucky where the current top ranked golfer in world remains charged with second-degree assault of a police officer, third-degree criminal mischief, reckless driving and disregarding traffic signals from an officer directing traffic. The assault charge is a felony; the others are misdemeanors.

Scheffler’s criminal defense lawyer has already indicated that he will take the matter to trial if the charges are not dismissed.  At a trial, the State will have the burden of proof to establish guilt beyond a reasonable doubt against Scheffler. 

What is Simple Assault? 

One of the most common offenses that our law firm defends in New Jersey and Pennsylvania is assault.  Assault is divided into simple and aggravated assault under 2C:12-1 in New Jersey.  A simple assault is when a person attempts to cause or purposely knowingly or recklessly causes a bodily injury to another. 

A simple assault is also if a person negligently causes bodily person to another with a deadly weapon. Simple assault is a disorderly persons offense unless it is committed in a fight or a scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense in New Jersey. 

In Pennsylvania, a simple assault (Title 18, Section 2701) is graded as a misdemeanor of the second degree unless it is a result of mutual scuffle, in which case it is misdemeanor of the third degree. A person can also be charged with a simple assault if he or she recklessly causes a bodily injury to another with a deadly weapon.  In this situation, it is a crime of the fourth degree.

What is Aggravated Assault

Unlike a simple assault, an aggravated assault in New Jersey is an indictable crime.  A person who is guilty of an aggravated assault after he or she causes or attempts to cause serious bodily injury to another.  An aggravated assault is also cause if a person or knowingly causes bodily injury to another with a deadly weapon. 

An aggravated assault in New Jersey is a crime of the second degree if the Court finds that a person caused serious bodily injury.  It is a crime of the third degree if a person attempts to cause only bodily injury with a deadly weapon.  A deadly weapon can be practically anything in New Jersey, just like Pennsylvania.  Pennsylvania, similar to New Jersey, classifies aggravated assault (Title 18, Section 2702) based on the circumstances surrounding the incident; it’s a felony grade crime in the Commonwealth

Assaults involving members of a protected class (Police, Fire, EMS)

Kentucky is similar to Pennsylvania and New Jersey, when it comes to assaults involving police officers. If a person commits an assault or attempts to commit an assault against a member of a protective class, like a police office, EMS, or a firefighter, the prosecution only needs to establish bodily injury as opposed to serious bodily injury.  This is why Scheffler is charged with aggravated assault as the injuries to the officer would not otherwise rise to the level of aggravated assault.

Conclusion – Hire a Criminal Lawyer 

If you’re charged with an assault crime in Pennsylvania or New Jersey, please hire a criminal lawyer.  If you do nothing else, don’t hire a lawyer who claims “they do it all” or who have a “general practice.”

If you are arrested and charged with assault, you should contact a criminal defense lawyer to discuss your options. There is a major difference between felony and non felony charges.  In addition, your lawyer should discuss if self defense is an option in your criminal case.