Simple Assault vs. Aggravated Assault

Home  »  Pennsylvania Attorney  »  Simple Assault vs. Aggravated Assault

In Pennsylvania, simple assault is defined as when someone attempts to cause or intentionally, knowingly or recklessly causes bodily injury to another; negligently causes bodily injury to another with a deadly weapon or attempts by physical menace to put another in fear of eminent serious bodily injury.  Simple assault is usually classified as a second degree misdemeanor in Pennsylvania, which is punishable by up to two years in prison. However, if the simple assault was during a consensual fight, then it is a third degree misdemeanor and is punishable by up to only one year in prison. If the assault involves a child under the age of 12, it is a first degree misdemeanor in Pennsylvania and can result in a sentence of up to 5 years in prison.

 

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.

 

As with any misdemeanor or felony conviction in Pennsylvania, you face having a criminal record for the rest of your life. Thus, how you defend your case could make the difference of a lifetime. Not all assault cases are open-shut, as many cases involve complex facts and legal issues. In other cases, the accused may have a valid defense.  Some common defenses are:

  • Self-defense
  • Lack of intent / knowledge
  • No bodily injury
  • Age
  • Provocation
  • Insanity
  • Intoxication  (does not include voluntary intoxication)

In all, it is highly recommended you consult with an experienced criminal defense attorney when facing assault charges.


For other practice areas or other legal services, go to www.LatoisonLaw.com