Criminal Law

Assault & Battery

In Pennsylvania, a person is guilty of “Assault” if he/she intentionally or knowingly causes bodily harm to another, or attempts to do so putting another in fear of injury. There are two categories of assault: simple assault and aggravated assault.

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Simple Assault is usually charged as a M2, unless it is an assault by an adult on a child under age 12, in which case it is categorized as a M1. If it is a fight where both parties enter by mutual consent, it is charged as a M3. The following penalties apply:

Charge Class Penalty
Simple Assault Misdemeanor 3 (Mutual Consent) Up to 1 year in prison
Simple Assault Misdemeanor 2 Up to 2 years in prison
Simple Assault on a child under 12 Misdemeanor 1 Up to 5 years in prison

Aggravated Assault is a more serious charge and categorized as a F1 if serious bodily injury is caused with “extreme indifference to human life,” or if serious bodily injury is caused to a police officer, firefighter, or other law enforcement or government official.

Assault with a deadly weapon causing body injury is a F2. A dangerous/deadly weapon may be a gun, knife, baseball bat, automobile or any blunt object used with force against another person.

Charge Class Penalty
Aggravated Assault Felony 2 Up to 10 years in prison
Assault w/a Deadly Weapon Causing Bodily Injury Felony 2 Up to 10 years in prison
Aggravated Assault w/extreme indifference to human life Felony 1 Up to 20 years in prison

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If you or someone you care about has been charged with assault, contact our office today for your free consultation.

Disclaimer

The information contained herein is dedicated to providing public information regarding Family Law issues in Pennsylvania. None of the information on this site is intended to be formal legal advice, nor the formation of an attorney-client relationship. Please contact our law firm for information regarding your particular case. This website is not intended to solicit clients outside the Commonwealth of Pennsylvania.