Aggravated Assault; Defined and Punished

(a) A person is guilty of aggravated assault if he either recklessly causes or attempts to cause: (1) serious bodily injury to another in circumstances manifesting extreme indifference to the value of human life; (2) serious bodily injury to another; (3) bodily injury to another with a deadly weapon. (b) Aggravated assault under Paragraph (1) of Subsection (a) is a felony of the second degree; aggravated assault under Paragraphs (2) or (3) or Subsection (a) is a felony of the third degree; provided that any person convicted of aggravated assault shall not be eligible for work release or educational programs outside the confines of prison. SOURCE: G.P.C. §§ 149, 203-204, 225, 227, 240-246, 273, 347, 360, 361; M.P.C. § 211.2(2); *Cal. § 1500 (T.D.2 1968); Cal. §§ 820, 824 (1971); Mass. ch. 265, §§ 6 and 7; N.J. 2C:12-1. Amended by P.L. 19-006:8 (Aug. 26, 1987). CROSS-REFERENCES: § 53.35 (resisting arrest); § 55.40 (obstructing fire control operations); § 58.20 (aggravated escape), all of this Title. COMMENT: This crime of “aggravated assault” is committed by either the causing of, or attempting, the injuries set forth within the Section. Actually, there are two crimes created in this one Section, the first being under § 19.20(a)(1), which is a felony of second degree; and the second being found under Subsections (a)(2) and (a)(3), both of which are felonies of the third degree.