Aggravated Assault by Vehicle in Scranton

A Crash Alone Doesn’t Prove Aggravated Assault by Vehicle

We defend people accused of aggravated assault by vehicle in Scranton and throughout Lackawanna County. These felony cases require more than proof that a collision occurred or someone was injured. The Commonwealth must connect serious bodily injury to conduct that satisfies every element of a specific Pennsylvania statute.

Our defense begins by separating the crash from the criminal accusation. We examine the alleged traffic violation or DUI, the claimed injury, the evidence of causation, and the procedures investigators used to collect that evidence.

Call (570) 906-8532 for a free initial consultation about the charge, investigation, or request for police questioning.

Two Pennsylvania Laws Cover Vehicle-Related Injury Charges

Pennsylvania has separate statutes for non-DUI and DUI-related vehicle injury charges. The required conduct and potential felony grading depend on which law the Commonwealth invokes, making a careful review of the charging documents essential.

Aggravated Assault by Vehicle Under § 3732.1

Under 75 Pa.C.S. § 3732.1, prosecutors generally must prove that a person recklessly or with gross negligence caused serious bodily injury while violating a state or local traffic law. Serious bodily injury is a legal threshold involving a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of a body part or function. An injury doesn’t necessarily satisfy that standard simply because it required medical care.

The offense is generally graded as a third-degree felony when the statutory elements are established, and the charging document must state the Commonwealth’s intent to proceed under this law. Depending on the allegations, sentencing enhancements may apply to conduct involving an active work zone, specified licensing offenses, mobile-device violations, or an emergency response.

Injury Charges Under § 3735.1

Under 75 Pa.C.S. § 3735.1, the Commonwealth generally must establish a violation of Pennsylvania DUI law, negligent causation, and serious bodily injury to another person. This offense is distinct from the non-DUI statute, may be graded as a second-degree felony, and can be filed alongside a separate DUI charge.

A positive chemical test, an allegation of impairment, or the occurrence of a crash doesn’t automatically establish causation. Prosecutors must legally connect the alleged DUI violation to the injury.

Evidence That Can Shape the Defense

We assess whether the available evidence supports each charged element and whether investigators followed constitutional and evidentiary rules. That review may reveal disputes over the nature of the injury, the cause of the collision, or the reliability of impairment evidence.

Important areas of review may include:

• Injury classification: Medical records, diagnoses, treatment history, and testimony may determine whether the alleged harm meets the statutory standard.
• Collision causation: Crash reconstruction uses physical evidence to determine how a collision occurred. Roadway conditions, vehicle damage, video, witness accounts, and event-data recorder information may all affect the analysis.
• Impairment evidence: Blood, breath, or urine testing may raise questions about collection procedures, testing methods, timing, chain of custody, and interpretation.
• Police conduct: The basis for a traffic stop, questioning, field sobriety testing, searches, and evidence seizures may create separate constitutional issues.

The defense may challenge whether the alleged violation, impairment, or driving behavior actually caused the injury. Another driver’s actions, conflicting witness accounts, mechanical evidence, and roadway conditions can materially change that analysis.

What Happens in a Lackawanna County Felony Case

Cases arising in Lackawanna County generally proceed through preliminary stages before reaching the Lackawanna County Court of Common Pleas. The specific path depends on the filed charges, procedural history, court orders, and decisions made as the case develops.

Proceedings may include:

• An initial appearance and bail determination.
• A preliminary hearing to determine whether the Commonwealth has presented enough evidence for the charges to continue.
• Formal arraignment, discovery, and pretrial motions.
• Plea discussions, trial preparation, trial, or sentencing proceedings.

We review the criminal complaint, affidavit of probable cause, accident materials, medical evidence, chemical testing, and applicable deadlines as early as possible. Based on the evidence and the client’s objectives, the defense may pursue suppression, dismissal, charge reduction, a negotiated resolution, trial, or sentencing advocacy.

Client-Centered Defense Led by Patrick M. Rogan

Attorney Patrick M. Rogan leads our firm with more than 30 years of legal experience. Instead of applying the same strategy to every vehicle-related injury case, we account for the evidence, procedural posture, and each client’s immediate and long-term concerns.

We offer free initial consultations for criminal cases and remain available 24/7 for case-related assistance. Throughout the process, we can explain the charges, court procedures, defense options, and decisions the client may face.

Discuss the Charge Before Making Strategic Decisions

If you’ve been arrested, charged, contacted by investigators, or asked to provide a statement, contact us before relying on general information or making decisions about your defense. The police report, medical records, chemical testing, and charging language can materially change the legal analysis.

We can explain what the Commonwealth must prove, review the available evidence, and identify issues that may require prompt investigation.

Call (570) 906-8532 for a free initial consultation about an aggravated assault by vehicle investigation with Rogan Law.