HARRISBURG (TNS) — Police in Lancaster County this week charged a 43-year-old man with aggravated assault after he slapped an officer’s forearm while intoxicated, according to an affidavit of probable cause.

Just after 3 p.m. on Aug. 25, Ephrata police were sent to a UPS store on the 100 block of North Reading Road for a man harassing people in the area.

The man, Eric E. Oberly, of Ephrata, smelled of alcohol, had slurred speech, and could not maintain his balance, the affidavit said.

After police offered to drive Oberly home, he hit an officer in the right forearm with an open hand, the affidavit said.

The officer said the hit caused “pain and discomfort” and caused an “abrasion,” or scratch on the skin.

Oberly was charged with a second-degree felony offense of aggravated assault and a summary offense for public drunkenness.

As of Wednesday, he is incarcerated in the Lancaster County Prison after being unable to post his $25,000 bail.

A Lancaster County District Attorney’s Office spokesperson explained Wednesday evening that assaults on law enforcement officers can be upgraded from simple to aggravated assault because police are considered a protected class under Pennsylvania law.

Pennsylvania statute 2702 says a person is guilty of aggravated assault if they “attempt to cause or intentionally or knowingly cause bodily injury to any of the officers, agents, employees or other persons enumerated in subsection (c), in the performance of duty.”

Subsection c of the statute lists police officers, firefighters, probation/parole officers, sheriffs/deputy sheriffs and dozens of other government/elected officials.

Oberly has a preliminary hearing scheduled for Sept. 9.