Additionally, inducing fear of bodily harm qualifies as assault in Pennsylvania. This means that even threats, without physical contact, can lead to charges.
Assault charges in Pennsylvania can vary from misdemeanors to felonies, depending on the specifics of the incident. They can stand alone or be part of other criminal accusations like domestic violence, drug offenses, or theft.
In simple terms, causing bodily harm results in a simple assault charge. Similarly, threatening serious bodily harm can lead to the same charge.
Aggravated assault typically involves causing serious bodily harm or involves a weapon. The involvement of certain individuals, such as law enforcement officers, can elevate an assault to aggravated assault.
What is Simple Assault
Under Pennsylvania law, simple assault occurs when someone:
- Attempts to cause or intentionally, knowingly, or recklessly causes bodily injury
- Negligently causes bodily injury with a deadly weapon
- Attempts to put another in fear of imminent serious bodily injury through physical menace
- Harms a law enforcement official or mental hospital staff during an arrest or search by concealing a hypodermic needle
Assault need not be intentional; negligent handling of a deadly weapon leading to injury can result in a simple assault charge.
Aggravated Assault in Pennsylvania
Aggravated assault is a more serious offense, often involving severe bodily injury or specific circumstances, like assaulting a government official.
Aggravated assault can include:
- Attempting or causing serious bodily injury
- Causing bodily injury or serious bodily injury to specific professionals or with a deadly weapon
- Threatening or causing bodily injury to public school employees or children by adults
Penalties for assault in Pennsylvania, particularly in Chester County, depend on the severity of the offense. Aggravated assault carries more severe penalties than simple assault.
Misdemeanor offenses have varying penalties based on the degree of the offense, while felony offenses can result in substantial prison time and fines.
An assault conviction can have long-lasting consequences beyond immediate penalties, impacting rights such as gun ownership, voting, employment prospects, and housing.
Defense strategies for assault charges vary depending on the circumstances. Affirmative defenses like self-defense or mistake of fact/law may apply, and other defenses include insufficient evidence, false accusations, bias, mistaken identity, unlawful arrest, lack of intent, or challenging the prosecution’s case with expert witnesses.
In navigating assault charges, our skilled criminal defense attorneys can build a robust defense tailored to the unique aspects of each case, striving for dismissal or minimized consequences.