Is assaulting someone on the street a felony?
You come upon a bunch of thugs assaulting your wife. You have a gun in your hand. Your wife lies bleeding on the ground. The thugs see your armed and start running away. What do you do?
Dave, if someone smacked me in the head three times, I imagine that all I would be seeing would be dark grey shapes. I would shoot until there was no more dark grey shapes in my line of sight. Now keep in mind that I’m on an air supply and over 65 so don’t expect the reactions of a youngster.
Yes it can be. This jurisdiction is in PA and in PA
http://introublewiththelaw.com/simple-assault-vs-aggravated-assault/
“Aggravated assault is defined as when someone attempts to cause or intentionally, knowingly or recklessly causes serious bodily injury; attempts to cause or intentionally, knowingly or recklessly causes injury to a to a police officer, probation officer or other court related official or attempts to cause or intentionally, knowingly or recklessly causes serious bodily injury with a deadly weapon. In Pennsylvania aggravated assault can either be a second degree felony punishable up to 10 years in prison or a first degree felony punishable up to 20 years in prison”
Coupled with the disparity in numbers of the assailants on the victim, the demonstrated ability and willingness of the attackers to do harm and the victims occupation as a police officer this should be an straight forward case for the DA.