What You Need to Know About Bodily Injury and Serious Bodily Injury in Pennsylvania

In Pennsylvania, crimes that involve bodily injury or serious bodily injury can carry significant penalties. However, not all injuries are considered “bodily injury” or “serious bodily injury” under the law. In this blog post, we will explore what constitutes bodily injury and serious bodily injury in Pennsylvania, and provide examples of what injuries do and do not meet these definitions.

Under Pennsylvania law, bodily injury is defined as any impairment of physical condition or substantial pain. This can include bruises, cuts, scrapes, and other injuries that cause physical pain or impairment, but are not severe enough to be considered serious bodily injury.

Serious bodily injury, on the other hand, is defined as any injury that creates a substantial risk of death or causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. This can include injuries such as broken bones, significant burns, or injuries that cause significant scarring or loss of function.

It is important to note that not all injuries that result in pain or impairment will be considered bodily injury or serious bodily injury under Pennsylvania law. For example, if someone suffers a minor bruise or scratch that does not cause significant pain or impairment, this would not be considered bodily injury. Similarly, if someone suffers a burn that does not cause significant scarring or impairment, this would not be considered serious bodily injury.

Examples of bodily injury might include a broken nose, a concussion, or a sprained ankle. These injuries cause physical pain or impairment, but do not typically cause significant long-term harm or risk of death.

Examples of serious bodily injury might include a traumatic brain injury, a severed limb, or severe burns. These injuries cause significant long-term harm or risk of death, and often require extensive medical treatment and rehabilitation.

In conclusion, understanding what constitutes bodily injury and serious bodily injury is important in Pennsylvania criminal cases. While bodily injury encompasses a broad range of injuries that cause physical pain or impairment, serious bodily injury is reserved for injuries that create a substantial risk of death or cause significant, long-term harm. If you are facing criminal charges in Pennsylvania, it is important to work with an experienced criminal defense attorney who can help you understand the charges against you and build a strong defense.

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PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.