Assault Charges In Pennsylvania

A conviction for aggravated assault in Pennsylvania can result in a prison sentence of up to 20 years for each count. Even a conviction for simple assault can lead to a prison sentence of up to five years. If the assault is of an intimate partner, law enforcement officer, etc., special rules may apply.

Assault convictions can have long-reaching effects on your or your loved one’s life. It is a conviction for a violent crime that will stay on the record for life. A bar fight can make a person virtually unemployable based on so many companies adopting strict policies regarding hiring individuals who have violent offenses on their record.

Call 215-650-6500 to discuss your options or get a second opinion from attorney Stephen Stewart.

So, what is a simple assault vs. an aggravated assault under Pennsylvania law?

A person is guilty of assault if he or she (1) attempts to cause or intentionally, knowingly or recklessly causes bodily injury to another; (2) negligently causes bodily injury to another with a deadly weapon; (3) attempts by physical menace to put another in fear of imminent serious bodily injury; or (4) conceals or attempts to conceal a hypodermic needle on his person and intentionally or knowingly penetrates a law enforcement officer or an officer or an employee of a correctional institution, county jail or prison, detention facility or mental hospital during the course of an arrest or any search of the person.

A person is guilty of aggravated assault if he or she (1) attempts to cause serious bodily injury to another, or causes such injury intentionally, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life; (2) attempts to cause or intentionally, knowingly or recklessly causes serious bodily injury to any of the officers, agents, employees or other persons or to an employee of an agency, company or other entity engaged in public transportation, while in the performance of duty; (3) attempts to cause or intentionally or knowingly causes bodily injury to any of the officers, agents, employees or other persons, in the performance of duty; (4) attempts to cause or intentionally or knowingly causes bodily injury to another with a deadly weapon; (5) attempts to cause or intentionally or knowingly causes bodily injury to a teaching staff member, school board member or other employee, including a student employee, of any elementary or secondary publicly-funded educational institution, any elementary or secondary private school licensed by the Department of Education or any elementary or secondary parochial school while acting in the scope of his or her employment or because of his or her employment relationship to the school; (6) attempts by physical menace to put any of the officers, agents, employees or other persons, while in the performance of duty, in fear of imminent serious bodily injury; (7) uses tear or noxious gas or uses an electric or electronic incapacitation device against any officer, employee or other person while acting in the scope of his employment; (8) attempts to cause or intentionally, knowingly or recklessly causes bodily injury to a child less than six years of age, by a person 18 years of age or older; or (9) attempts to cause or intentionally, knowingly or recklessly causes serious bodily injury to a child less than 13 years of age, by a person 18 years of age or older.

What are the possible sentences if convicted of assault in Pennsylvania? The penalties vary based on the grading (misdemeanor vs. felony and the degree), the unique facts of the case, the defendant’s prior record and life circumstances, and whether or not the conviction is the result of a trial or a plea bargain. Call attorney Stephen Stewart at 215-650-6500 to discuss your particular situation.

What if my loved one or I already have an attorney? If you or your loved one has already had a court date in an assault case, a public defender, a court-appointed attorney, or another privately retained attorney will be on the case. Attorney Stephen Stewart can offer a second opinion and potentially an alternative approach to fighting the charges if you are unhappy with your current representation. Book An Appointment to discuss.