What to do regarding charges of aggravated assault under the influence of a controlled substance? 2 Answers as of July 05, 2011In PA, my fiancee was arrested for possession and use of a controlled substance, he was intoxicated and while being arrested, he panicked, and resisted arrested, fighting with the police; They charged him with 2 counts (f1)agg. assault; there were no injuries to the officers; they also charged him w/ 2 counts each simple assault and reckless endangerment. obstruction, resisting arrest; possession and use. He doesn't remember fighting; He was placed in prison on a 75000 bail and has no prior arrests. He is in his 40's, are the felonies likely to be reduced or dropped. He is trying to get into the rehab program along with TASC to get him self together.
Laguzzi Law, P.C. | Carina Laguzzi
There are many important details to know before anyone can fully respond to your question. First, ensure that you have an experienced criminal defense attorney handling your fiancee's case. If you do not have the funds for a private attorney, make sure that you seek out the aid from the local Public Defender's Office. Second, as there is a reckless element to the aggravated assault charge, he could be found guilty of that charge even if there are no serious injuries to the officers. The case law shows that you do not need actual injuries to officers as they are in a protected class as described in the statute. Third, if your fiancee has no criminal history and/or a drug problem he could (although an attorney may really have to do a lot of investigation and groveling to the District Attorney's Office) get accepted into a special program that can spare him a permanent conviction or some serious jail time. Good luck.
Answer Applies to: Pennsylvania