Classified in PA as a Felony 3, punishable by up to 7 years in jail and a maximum fine of $15,000.00. An additional 2 years of jail time can be requested by the District Attorney if the offense occurred in an active workzone; 2 additional years of jail time can also be added if you are also convicted of driving without a license, driving while license is suspended, texting while driving, duties for emergency vehicles, or duties in emergency response areas.
In order for you to be convicted of aggravated assault by vehicle, the District Attorney’s office must prove beyond a reasonable doubt that you acted recklessly or with gross negligence while operating a vehicle; that their operation of the vehicle caused serious bodily injury to another person; and that you also violated any vehicle code offense relating to the operation or use of a vehicle. ‘Serious bodily injury’ is defined as “bodily injury which creates a substantial risk of death or cause serious permanent disfigurement or long lasting loss or impairment of the function of any bodily part or organ”. The offense committed cannot be the offense of Driving Under the Influence (DUI) as there is a separate offense for DUI situations called Aggravated Assault While DUI.