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