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Examples of "bodily injury" and "serious bodily injury"?
Anonymous2 views5 answers
In order to be convicted of Simple Assault, one must cause "bodily injury". To be convicted of Aggravated Assault, one must cause "serious bodily injury". From my research, Pennsylvania law defines "bodily injury" as the impairment of physical condition or substantial pain. "Serious bodily injury" is defined as bodily injury which 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. My question is, what are some examples of the two?
Bodily injury might be a broken finger or a laceration to your arm. An example of serious bodily injury might be something like a broken neck or acid burns to a part of your body or a puncture wound closer to a vital Regan or artery.
Attorney Zucker is correct. I would add that sometimes the definition of serious bodily injury is stretched a bit. For example, firing a pellet gun at someone has been found as a potential cause for serious bodily injury under the theory that the victim could have had their eye shot out. Occasionally, prosecutors can be pretty creative with what qualifies as SBI. For the most part, the appellate courts have upheld these theories.
I am in agreement with the previous two responses provided by my learned colleagues. I write separately from a somewhat different perspective. From reading the responses as well as your comment to Attorney Zucker's response I'm gong to first engage in some speculation. It's my suspicion that the question as posted was not a produce of mere academic curiosity but is motivated by an interest in a real life set of facts. If I am correct then there's a bit more that I wish to add. Your research into the legal distinction between BI and SBI is exactly correct either because you consulted the definitional section of Chapter 27 of the Crimes Code or your source did so. It is commonly important to recognize that the Commonwealth's theory underlying an assault charge does not hinge on the actual injury sustained by the "victim". Both statutory provisions and charges derived from them often rely on the premise that the Defendant's conduct evidenced an intent to cause such an injury whether ultimately successful or not. Assault charges therefore regularly read "attempted to cause or knowing and intentionally caused" (BI or SBI). Thus, imagine a point a loaded handgun at the victim at reasonably close range and pull the trigger. The Commonwealth will charge me with a Felony 1 Aggravated Assault regardless of the injury actually inflicted, if ANY. My use of a deadly weapon in those circumstance evidences my intent to cause SBI and if it turns out I was not successful because of my poor aim or the victim's lightening quick response, I was attempting to cause SBI. Bottom line, don't get unnecessarily caught up in an assessment of the injury sustained; there may well be much more to it than that. If this is a real life situation, my hope is that the accused is well represented. That can't be accomplished on this, or any other website on the planet.
Attorney Zucker gives a good example. There is probably some gray area between the two definitions, and a good attorney will argue the facts apply to the lesser offense (i.e., bodily injury).
While every attorney who answered thus far is absolutely correct, intent is also taken into consideration (i.e. if you intend to cause seriously bodily harm but are unable to because you lack the physical properties to inflict serious bodily harm, you could still be found guilty of Agg Assault).
Additionally, there are certain protected classes (police officers, etc.) where a Simple Assault turns into an Agg Assault.