There is often confusion surrounding the crime of assault and what it means. In Pennsylvania, a person is considered to have committed assault if they try to harm someone or actually cause harm to them. You should know that assault does not have to involve physical contact. It can include threats or any action that makes another person fear for their safety, so even if you do not touch someone, you could be charged with assault.
Whether or not to charge someone with assault depends on intent. If someone intends to frighten someone by making threats and taking actions that make someone fear for their safety, they may be charged with assault. If they accidentally bump into someone and cause them to injure themselves, then that is not considered assault.
Assault can result in serious criminal charges and penalties. A Harrisburg criminal defense lawyer from Mette, Attorneys at Law can defend you from these charges and give you the best possible outcome.
What the Law Says
Under Chapter 27, Title 18 of Pennsylvania law, assault is categorized into two categories.
Simple assault involves:
- Intentionally causing or attempting to cause bodily injury.
- Negligently causing injury with a deadly weapon.
- Physical threats that make someone fear immediate harm.
This is a misdemeanor that can result in up to five years in prison as well as fines.
Aggravated assault includes:
- Causing serious bodily injury intentionally, knowingly, or recklessly.
- Assaulting police officers, teachers, or public officials.
- Using a deadly weapon.
This is a felony that can result in 10 to 20 years in prison, depending on the severity.
Examples of Assault
You may wonder what constitutes assault in Pennsylvania. Here are some examples of simple assault:
- Punching someone in a bar fight: Even if no serious injury occurs, attempting to harm someone is still assault.
- Throwing an object at someone: If it causes minor injuries or could have harmed them, it qualifies.
- Threatening to hit someone while raising a fist: If the person reasonably fears immediate harm, it’s assault.
- Pushing someone during an argument: Unwanted physical contact that causes pain or injury can be assault.
Here are some examples of aggravated assault:
- Stabbing someone with a knife: Using a deadly weapon automatically increases the charge to aggravated assault.
- Beating someone severely: If the victim suffers broken bones or serious injuries, it’s a felony.
- Attacking a police officer or teacher: Assaulting public officials or first responders carries harsher penalties.
- Choking someone until they nearly pass out: Intentional harm that risks serious bodily injury escalates the offense.
Contact Us Today
If you intentionally harm someone or try to do so, you could be charged with assault and face significant penalties.
Mette, Attorneys at Law can help defend you from the charges you face. Our Harrisburg criminal defense lawyer understands how the criminal justice system works and will do everything possible to resolve your case. Call (717) 232-5000 or fill out the online form to schedule a consultation.