Understanding the Difference Between Simple and Aggravated Assault
If you have been charged with assault in Pennsylvania, the severity of the consequences you may face depend directly on the level of anger with which you acted. Any attack on a person is considered assault, and the state laws break these attacks into two types—simple and aggravated. The penalties for both are serious, and you could be facing fines, jail time and a permanent record. Simple Assault Simple assault is a misdemeanor offense that encompasses a variety of actions towards another person. For example, you can be charged with simple assault for intentionally slapping someone across the face in the middle of an argument. If you try to hit someone, and miss, you can still be charged with simple assault. This crime is also used if you injure someone with a deadly weapon through your own negligence, like accidentally firing a gun and hitting another person. You can also be charged with simple assault if you are acting in a threatening or menacing way and those actions cause someone to think that you are putting them in danger or that you will harm them. Most simple assault charges are 2nd degree misdemeanors that could lead to two years behind bars. However, some misdemeanor offenses are handled differently with different consequences. You could be charged with a 1st degree misdemeanor if you are over 21, and the person you are accused of assaulting is under 12. You may also be charged with a 3rd degree misdemeanor for situations in which you were not acting alone (i.e., you are not the only one involved in a bar fight). In Pennsylvania, the penalty for a 1st degree misdemeanor is a maximum of 5 years in jail and up to a year for a 3rd degree misdemeanor. Aggravated Assault Depending on what happened in your case, you can be charged with aggravated assault as a 1st or 2nd degree felony. The state’s law defines aggravated assault as any attempt to “cause serious bodily injury to another,” or any injury that was caused intentionally, knowingly, and recklessly, with “extreme indifference to the value of human life.” Serious bodily harm is considered an injury that causes permanent loss (such as the loss of a limb or function), impairment or disfigurement. It is also considered serious bodily harm if a person’s life is in imminent danger, which typically includes the use of deadly weapons. Second-degree aggravated assault is one that does not result in serious bodily injury to an alleged victim. If you’re convicted of this crime, you may be facing up to 10 years behind bars and up to $25,000 in fines. Aggravated assault that does cause serious bodily injury is charged as a 1st degree felony, and has the same maximum fine, but could lead to up to 20 years in prison. If you have been charged with either type of assault in Pennsylvania, our team of attorneys is available to help you proceed with your defense. As you can see, there are many factors involved in both simple and aggravated assault, and we can help you navigate the penalties and potential outcomes of your particular case.
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