SIMPLE ASSAULT - A MISDEMEANOR CRIME OF VIOLENCE IN PENNSYLVANIA
Simple Assault is a serious misdemeanor crime of violence in Pennsylvania. There are many types of simple assault crimes based upon the allegations against you. If you are facing a simple assault charge, you should remain silent, read this page, and call the Zuckerman Law Firm at 412-447-5580 for a free telephone consultation.
WHAT IS SIMPLE ASSAULT?
Simple Assault is found under Title 18 Section 2701 of the Pennsylvania Crimes Code. There are many types of simple assault that can be charged, which include the following:
- Simple Assault of a Minor: 1st Degree Misdemeanor punishable by up to 2 years in jail for attempt to cause or intentionally, knowingly, or recklessly cause bodily injury to a child under 12 years of age
- Simple Assault for Causing or Attempting to Cause Bodily Injury: 2nd Degree Misdemeanor punishable by up to 2 years in jail for intentionally, knowingly, or recklessly causing bodily injury to another;
- Simple Assault for Negligently Causing Bodily Injury with a Deadly Weapon: 2nd Degree Misdemeanor punishable by up to 2 years in jail for negligently causing bodily injury to another with a deadly weapon
- Simple Assault by Physical Menace: 2nd Degree Misdemeanor punishable by up to 2 years in jail for attempting by physical menace (i.e. a frightening act) to put another in fear of imminent serious bodily injury
- Simple Assault by Mutual Combat: 3rd Degree Misdemeanor punishable by up to 1 year in jail for attempting to cause or intentionally, knowingly, or recklessly causing bodily injury to a another person when engaged in a fight or scuffle entered into by mutual consent (i.e. you and the other party agreed to fight each other).
WHY AM I BEING CHARGED WITH SIMPLE ASSAULT?
Simple Assault encompasses a wide array of physical encounters that lead to injuries to other persons. Common instances include fist-fights, domestic incidents, and child abuse allegations. You may find yourself charged with Simple Assault by Physical Menace for threatening another person with a weapon, even though you didn't use the weapon to attack. Simple Assault by Mutual Combat charges apply when two or more individuals voluntarily fight one another.
HOW IS SIMPLE ASSAULT DIFFERENT FROM AGGRAVATED ASSAULT?
The primary difference between a Simple Assault and Aggravated Assault charge pertains to the severity of the victim's injuries and the intent of the actor. Simple Assault requires proof of bodily injury, defined as substantial pain or the impairment of physical condition. With the exception of police officers and other enumerated persons, Aggravated Assault requires proof of serious bodily injury, which includes the long-term impairment of a body part or organ, serious permanent disfigurement, or an injury capable of causing death.
In cases where the person is charged with attempting to commit an assault, the Commonwealth must prove it was the person's objective to either cause bodily injury in a Simple Assault or serious bodily injury in an Aggravated Assault. For example, a person who throws a punch and misses may face a Simple Assault charge while a person who swings a baseball bat at someone and misses may face an Aggravated Assault charge.
HOW THE ZUCKERMAN LAW FIRM CAN HELP
There are two sides to every altercation. Don’t let one false accusation or mistake define your future. When charged with Simple Assault, you need the right attorney to make sure that your side of the story is heard loud and clear.
When charged with Simple Assault, the Zuckerman Law Firm has one goal in mind: work for a dismissal or charge reduction as early on in the process as possible. As noted in our Case Results page, our firm has had success negotiating dismissal agreements at the preliminary hearing phase of prosecution.
We encourage you to call us today at 412-447-5580 for a free telephone consultation.