In Pennsylvania, assault charges can be one of two types: simple or aggravated. Each of these is different, and understanding what separates them is critical because each carries unique legal problems and potential penalties.
Simple assault
This crime is defined as intentionally, knowingly or recklessly causing physical harm to another person. If an individual tries to or causes another person to feel afraid of imminent physical harm, they can also be charged with simple assault.
This crime is a second-degree misdemeanor, less severe than aggravated assault. Unless the individual has a prior assault conviction, which could escalate the charge to a first-degree misdemeanor, it generally carries a less severe penalty.
Aggravated assault
An aggravated assault, on the other hand, is a more severe charge. It involves causing serious physical injury or having a clear intent to cause serious physical harm to another person. For this crime to occur:
- It must cause serious physical harm to the other individual or
- There must be an attempt to cause serious physical harm with a deadly weapon.
This crime is a second-degree felony, except in some instances when it can be a first-degree felony. For example, if someone commits aggravated assault against a police officer or another first responder, it could be a first-degree felony because police officers and emergency first responders are a protected class of people.
The difference between simple and aggravated assault in Pennsylvania is significant and can mean a substantial difference in punishment. If you face either charge, you should speak to an attorney immediately, as it could impact the outcome of your case.
For a first-time simple assault offender, for example, they could potentially be offered a plea where they accept guilt for a lesser offense in exchange for the prosecution dropping the simple assault charges, which could result in them having a criminal record.
This is less likely to happen with aggravated assault charges or when the person has a history of assault convictions.
