Personal Injury

Assault & Battery

Victims of assault, battery, sexual assault, and rape may pursue civil claims against the perpetrator and, in some cases, other responsible parties. A civil case is separate from any criminal prosecution and is intended to compensate victims for the harm they have suffered.

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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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Our firm offers a free consultation where we will evaluate your case and answer all of your questions. If you are unable to visit our office, we will even visit you in the hospital or come to your home.

Important: Statute of Limitations

Statutes of limitations may vary by the specific facts of each case. While claims for personal injuries in both Pennsylvania and New Jersey are generally subject to a two-year statute of limitations period, exceptions and shorter notice requirements — particularly for claims involving governmental entities —may apply.

Recent changes in the law have expanded the time to file claims for childhood sexual abuse. The extended limitations depend on the circumstances. Because the law has evolved, timing should be evaluated carefully.

Because deadlines can be strictly enforced and missing a filing deadline may permanently bar your claim, you are encouraged to consult with an attorney as soon as possible to protect your rights.

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.