Assault is defined as the act of inflicting or attempting to inflict bodily harm on a person. Under Pennsylvania law, assault charges are broadly classified into two categories – simple assault and aggravated assault.
What is Considered Simple Assault in Pennsylvania?
In Pennsylvania, you can be charged with simple assault under the following circumstances.
- If you knowingly inflict bodily harm on another person
- If you attempt to inflict bodily harm on another person
- If you negligently inflict bodily harm on another person using a deadly weapon
- If you put another person in fear of imminent bodily harm through verbal threats or by any other means
It should be noted that the term ‘bodily harm’ does not necessarily mean an injury in this context. Merely making physical contact with another person with the intent of injuring them is considered simple assault.
In a vast majority of cases, simple assault is considered a second-degree misdemeanor, which is punishable by a fine of up to $5,000 and up to two years in jail. Based on this, there are certain circumstances under which it can be prosecuted as a third-degree or first-degree misdemeanor. These include:
- If you engage in mutual combat with another person, you can be charged with a third-degree misdemeanor, which is punishable by a fine of up to $2,500 and up to one year in jail.
- If you are 18 or older and if you assaulted or attempted to assault a minor under the age of 12, you can be charged with a first-degree misdemeanor, which is punishable by a fine of up to $10,000 and up to five years in jail.
What is Considered Aggravated Assault in Pennsylvania?
In Pennsylvania, you can be charged with aggravated assault under the following circumstances.
- If you knowingly or recklessly inflict serious bodily harm on another person
- If you attempt to inflict serious bodily harm on another person
- If you knowingly inflict bodily harm on another person using a deadly weapon
Under the law, any injury that results in protracted or permanent loss of the function of a bodily organ or system, serious or permanent disfigurement, or creates a risk of death can be considered a serious injury.
It should be noted that the definition of a dangerous weapon is not limited to guns and knives alone. Any object, instrument, or device that can cause serious bodily injury – whether it is a baseball bat, club, brass knuckles, screwdriver, pliers, scissors, or a metal bar – can be considered a deadly weapon.
Aggravated assault can be prosecuted as a first- or second-degree felony depending on the circumstances.
- If the assault in question did not result in serious bodily harm to the victim, you can be charged with a second-degree felony, which is punishable by a fine of up to $25,000 and up to 10 years in prison.
- If the assault resulted in serious bodily harm to the victim or if the victim is a public official, you can be charged with a first-degree felony, which is punishable by a fine of up to $25,000 and up to 20 years in prison.
Facing Assault Charges in Pennsylvania? Get the Legal Help You Need from the Law Offices of Basil D. Beck III
If you have been charged with simple or aggravated assault, experienced Pennsylvania criminal defense lawyer Basil D. Beck III can help you. A sole practitioner, attorney Beck can provide you with the personalized attention your case deserves, protect your rights, and mount a robust defense to get your charges dropped, dismissed, or reduced to the extent possible.
Call our law firm today at 610-239-8870 or get in touch with us online to schedule a free consultation with seasoned Pennsylvania assault lawyer Basil D. Beck III.