I am charged with assault in state court in Pennsylvania for running over a pedestrian with my car. My lawyer tells me that two types of assault require the District Attorney to show that I used a deadly weapon in committing the assault. I had no weapon on me, i.e. gun, knife, etc., but she says that my car is the weapon. Is this true?
Yes. Your lawyer is absolutely correct. You can be charged with Aggravated Assault as felony of the second degree if you either intentionally or knowing caused bodily injury to another with a deadly weapon. Also you can be charged with Simple Assault as a misdemeanor of the second degree if you negligently cause bodily injury to another with a deadly weapon.
The Superior Court and the Supreme Court of Pennsylvania have both held that a car can be the deadly weapon for the purpose of a conviction for assault as stated above.
Labels: aggravated assault, assault, simple assault