Assault charges are taken seriously in Pennsylvania, and the associated penalties can be severe. Continue reading to discover the difference between simple and aggravated assault, and work with a knowledgeable Montgomery County assault lawyer for skilled legal representation in your case.

What is Simple Assault?

Simple assault is outlined in Pennsylvania Code § 2701. The offense is characterized by the following.

  • Attempting to cause or intentionally or recklessly causing bodily injury to another person
  • Negligently causing bodily injury to another person with a deadly weapon
  • Attempting by physical menace to put another person in fear of imminent serious bodily injury
  • Concealing or attempting to conceal a hypodermic needle on his person and intentionally penetrating a law enforcement officer or an officer or employee of a correctional institution, county jail, prison, detention facility, or mental hospital during the course of an arrest or search

Simple assault is generally charged as a second-degree misdemeanor. However, if the fight was entered into consensually by both parties, it could be considered a third-degree misdemeanor. If the offense is against a child under 12 years old by a person 18 years or older, charges can be enhanced to a first-degree misdemeanor.

What is Aggravated Assault?

According to Pennsylvania Code § 2702, aggravated assault is defined as the following.

  • Attempting to cause or intentionally or recklessly causing serious bodily injury to another person with extreme indifference to human life
  • Attempting to cause or intentionally or recklessly causing serious bodily injury to any officer* while in the performance of their duty
  • Attempting to cause or intentionally or recklessly causing serious bodily injury to a child less than 13 years of age, by a person 18 years of age or older
  • Attempting to cause or intentionally causing bodily injury to another person with a deadly weapon
  • Attempting to cause or intentionally causing bodily injury to a teacher, school board member, or other education employee
  • Attempting by physical menace to put any officer* in fear of imminent serious bodily injury
  • Using tear or noxious gas or an electronic incapacitation device against any officer* who is acting in the scope of their employment
  • Attempting to cause or intentionally or recklessly causing bodily injury to a child less than six years of age, by a person 18 years of age or older

As shown above, there are many offenses that are considered aggravated assault. The first three listed here are considered first-degree felony offenses, while the remainder are generally charged as second-degree felonies.

The penalties associated with an assault conviction can be severe, regardless of the type of offense that has been committed. If you are facing criminal charges for assault in Pennsylvania, reach out to an experienced defense attorney at Cohen & Patel today.

*Relevant officers and agents are listed here under § 2702(c).