An argument at home can escalate fast, especially after a few drinks. One minute you are yelling, and the next the police are at your door. If a fight with a partner or relative led to your arrest, you may wonder how much trouble you are really in. Here is how Pennsylvania decides whether a domestic dispute leads to a misdemeanor or a felony.
Domestic disputes can lead to criminal charges
Pennsylvania does not have one crime called “domestic violence.” Instead, prosecutors choose charges based on the conduct they believe took place, such as shoving, hitting or grabbing someone by the neck. The relationship matters too. When the other person is a spouse, partner, relative or co-parent, police can often arrest you without a warrant if they see a recent injury or other supporting evidence.
Simple assault is often a misdemeanor
Many domestic arrests start with simple assault. Under Pennsylvania’s assault laws, this usually means causing or trying to cause bodily injury, or using threats to put someone in fear of serious injury. Simple assault is generally a second-degree misdemeanor (M2), which can carry up to two years in jail. Pennsylvania generally treats a fight both people agreed to as a lower-grade offense, while it treats an adult’s assault on a child under 12 more seriously.
Serious injuries can lead to felony charges
The stakes rise if the other person was badly hurt. Serious bodily injury means an injury that creates a real risk of death or causes lasting disfigurement or loss of function. If prosecutors believe you tried to cause that level of harm, or caused it with extreme indifference to human life, they may file aggravated assault charges in Pennsylvania instead. That offense is usually a first-degree felony.
Strangulation can also be a felony
Pennsylvania treats strangulation as its own crime. It covers knowingly blocking someone’s breathing or blood flow by pressing on the neck or covering the nose and mouth. The law does not require a visible injury. Against a family or household member, strangulation is generally a second-degree felony.
Under state felony sentencing limits, that grade can carry up to 10 years in prison. It may rise to a first-degree felony if you were under an active protection from abuse (PFA) order or have a prior conviction for this offense.
Felony charges can affect your future
Prison time is only part of the picture. A felony case can create concerns about your job, family and future. If you have children, Pennsylvania custody proceedings also require disclosure of certain criminal or abuse history, including some pending charges and convictions.
Courts may consider the seriousness of the offense, when it happened, whether the alleged victim was a family member and whether physical violence was involved. Those factors can become important when the court evaluates whether someone poses a threat to a child.
Knowing the charge can help you plan ahead
Knowing your exact charge helps you understand how serious your case may be. Check your paperwork for the statute and grade listed, such as M2 or F2. Follow every bail condition, including any no-contact order, since a violation can send you back into custody. Then bring those documents to a local criminal defense attorney who can explain how the grading may affect your options.
