Are There Different Degrees of Assault?

Each state has its own laws when it comes to crimes such as assault. While there are often some similarities, you will want to know the laws and penalties involved if you have been arrested.

Pennsylvania recognizes two main types of assault: simple assault and aggravated assault.

Here’s a look at these types in more detail.

What the Law Says

Under Pennsylvania Statutes, Title 18, Chapter 27, Sections 2701-2702, a person is guilty of simple assault when any of the following can be proven:

• A person intentionally or recklessly attempted to cause bodily injury to another person.
• A person negligently caused bodily injury to another person with a deadly weapon.
• A person attempted to use physical menace to intimidate another person with serious bodily injury.
• A person concealed a hypodermic needle on their person and intentionally penetrated a law enforcement officer or an employee of a correctional institution.

Simple assault is typically a second-degree misdemeanor unless it occurred in either of the following situations:

• In a fight or scuffle entered into by mutual consent. In this case, it is a third-degree misdemeanor.
• Against a child under 12 years of age by a person 18 years of age or older. In this case, it is a first-degree misdemeanor.

A misdemeanor can result in up to five years in prison.

Aggravated assault is a more severe crime. A person can be charged with aggravated assault when any of the following occurs:

• A person causes serious bodily injury to another.
• A person causes or places a victim in fear of serious bodily injury, and the victim is a law enforcement official or firefighter.
• A person intentionally and knowingly causes serious bodily harm to a member of the teaching community at a school while they are working at the school.
• A person uses tear gas or a stun gun to incapacitate a law enforcement official or firefighter while they are performing their duties.

Aggravated assault is charged as a felony. It is typically a second-degree felony, which carries up to 10 years in prison. However, if the assault occurs on a law enforcement officer or firefighter, it is a first-degree felony. The penalties include a $25,000 fine and up to 20 years in prison.

In cases of assault, “bodily injury” refers to any type of physical impairment. This includes bruises, scratches, and swelling. Physical pain is also included as bodily injury.

“Physical menace” means the defendant used a physical act to create fear. This is more than verbal threats and may include actions such as raising a fist or wielding a knife.

Contact Us Today

Assault is often charged as a misdemeanor, although it can be a felony in severe cases. Make sure you understand what is at stake.

A Harrisburg criminal defense lawyer from Mette, Attorneys at Law, can assess your case and defend you from the charges you face. To schedule a consultation with our office, call (717) 232-5000 or fill out the online form.