Commonwealth v. Lopez

KELLY, Judge:

In this appeal, we must determine whether a prima facie case of aggravated assault 1 can be established by the Commonwealth against a person who fires eight bullets at the front door of an empty residence. After careful consideration, we hold that a prima facie case can be established because it is possible for the Commonwealth to present evidence supporting each element of aggravated assault against such a person. Specifically, a person who discharges a weapon into an empty residence can commit an aggravated assault if he possesses the requisite intent to cause serious bodily…