Simple Assault vs. Aggravated Assault in Pennsylvania: What’s the Difference?
An assault charge can have serious consequences, but not every assault charge is treated the same way. Pennsylvania law separates simple assault from aggravated assault, and the difference can significantly affect the potential penalties. The circumstances surrounding the alleged incident, the extent of the alleged injuries, whether a weapon was involved, and who was allegedly injured can all affect the charges.
What Is Simple Assault in Pennsylvania?
Under Pennsylvania law, simple assault generally involves attempting to cause or intentionally, knowingly, or recklessly causing bodily injury to another person. The law also covers certain situations involving physical threats and deadly weapons.
Pennsylvania law generally classifies simple assault as a second-degree misdemeanor. There are exceptions. A simple assault committed during a mutually agreed-upon fight or scuffle is generally a third-degree misdemeanor. A simple assault against a child under 12 by a person 18 or older is generally a first-degree misdemeanor.
What Is Aggravated Assault?
Aggravated assault involves more serious circumstances than those generally associated with simple assault. Under Pennsylvania law, aggravated assault can involve attempting to cause serious bodily injury or causing serious bodily injury intentionally, knowingly, or recklessly under circumstances showing extreme indifference to the value of human life.
The law also covers other situations, including certain assaults against police officers, public employees, school employees, and other protected individuals. Using a deadly weapon to cause or attempt to cause bodily injury can also result in an aggravated assault charge. Certain aggravated assault offenses are classified as first-degree felonies, while others are second-degree felonies.
The Role of the Alleged Injury
One of the major differences between simple and aggravated assault involves the seriousness of the alleged injury or the level of harm the defendant allegedly attempted to cause. Serious bodily injury generally means an injury that creates a substantial risk of death or causes serious, permanent disfigurement or a prolonged impairment of the function of a bodily member or organ.
This means that an incident does not automatically become aggravated assault simply because someone was injured. The prosecution must establish the elements of the specific aggravated assault offense charged. An injury caused during a confrontation may be viewed differently from an allegation that someone intentionally used extreme force or a deadly weapon.
Can a Weapon Lead to an Aggravated Assault Charge?
Yes, Pennsylvania’s aggravated assault statute specifically addresses situations in which a person attempts to cause or intentionally or knowingly causes bodily injury to another person with a deadly weapon.
A deadly weapon does not necessarily mean a firearm. Depending on the circumstances, an object can qualify as a deadly weapon if it is capable of causing death or serious bodily injury and is used in a manner that creates that risk. The exact facts matter, including what object was allegedly used, how it was used, and the injuries or attempted injuries involved.
What Happens If the Alleged Victim Is a Police Officer or Other Protected Person?
Pennsylvania law provides additional protections for certain people performing their jobs. Aggravated assault can apply when a person causes or attempts to cause bodily injury to certain law enforcement officers, public employees, transportation employees, school employees, and others identified in the statute. It is important to look at the exact subsection of the Pennsylvania assault statute when evaluating an aggravated assault charge.
Does a Fight Automatically Mean Aggravated Assault?
No, being involved in a fight does not automatically make an assault charge aggravated. The circumstances of the confrontation matter. Pennsylvania law specifically provides different grading for certain simple assault charges arising from a fight or scuffle entered into by mutual consent.
The fact that both people participated in a fight does not necessarily prevent criminal charges. Questions about who started the confrontation, whether someone acted in self-defense, what level of force was used, and what injuries occurred may all become important.
Why the Difference Matters
A misdemeanor conviction can still result in serious consequences, including potential jail time, fines, probation, and other restrictions depending on the circumstances. A felony conviction can carry substantially greater penalties and may create additional consequences for employment, professional opportunities, and other aspects of a person’s life. Aggravated assault is also classified as a violent offense under Pennsylvania law.
The Travis Law Firm: Legal Representation Matters
The period immediately following an assault arrest is often one of the most important stages of a criminal case. Evidence is still being gathered, witness statements are fresh, and important legal decisions may need to be made before your next court appearance. The Travis Law Firm team is here to assist you if you’ve been charged with a criminal offense. We handle cases involving DUI, weapons, federal charges, domestic violence, assault and others. Call (814) 277-2222 or (814) 455-3839, or use our online contact form to schedule your consultation.