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A simple assault charge in Philadelphia can stem from a bar fight, a domestic argument, or even a misunderstanding where no one was actually hurt. However, the word “simple” is highly misleading. In Pennsylvania, simple assault is a serious violent crime that can result in years of jail time, heavy fines, and a permanent criminal record that will appear on background checks for housing and employment.
The defense attorneys at SKA Law Group understand that there are always two sides to every story. We are dedicated to providing an aggressive, strategic defense to protect your rights, challenge the prosecution’s evidence, and fight to keep you out of jail.
What is Simple Assault Under Pennsylvania Law?
Under Pennsylvania’s Crimes Code (18 Pa.C.S. § 2701), a person can be charged with simple assault if they:
1. Attempt to cause or intentionally, knowingly, or recklessly cause bodily injury to another person;
2. Negligently cause bodily injury to another person with a deadly weapon; or
3. Attempt by physical menace to put another person in fear of imminent serious bodily injury.
The critical difference between Simple and Aggravated Assault:
The distinction often comes down to the severity of the injury and the intent. Simple assault involves “bodily injury,” which means substantial pain or physical impairment (like a black eye or a bruise). Aggravated assault involves “serious bodily injury,” which creates a substantial risk of death or causes permanent disfigurement. Furthermore, any assault against a protected class (such as a police officer or a teacher) is automatically elevated to aggravated assault.
It is also important to note that you do not have to actually hit someone to be charged. Simply attempting to hit someone or threatening them in a way that makes them fear imminent harm (physical menace) is enough to trigger a simple assault charge.
Penalties for a Simple Assault Conviction
Simple assault is generally graded as a misdemeanor of the second degree, which is punishable by up to two years in prison and a $5,000 fine.
However, the grading and penalties can change based on the circumstances:
Mutual Combat (Misdemeanor of the Third Degree): If the assault occurred during a fight or scuffle entered into by mutual consent (such as two people agreeing to fight outside a bar), the charge is reduced to a third-degree misdemeanor, carrying up to one year in jail and a $2,500 fine.
Assault Against a Child (Misdemeanor of the First Degree): If the defendant is 18 or older and the victim is under 12 years of age, the charge is elevated to a first-degree misdemeanor, punishable by up to five years in prison and a $10,000 fine.
Defending Against Simple Assault Charges in Philadelphia
At SKA Law Group, we do not simply accept the police report as fact. We employ robust defense strategies, including:
Self-Defense or Defense of Others: It is an absolute defense if you were protecting yourself or someone else from an imminent threat of unlawful force. We work to prove that the alleged victim was actually the aggressor.
Lack of Intent or Injury: If any physical contact was purely accidental, or if the complainant did not actually suffer substantial pain or impairment, the prosecution cannot meet the legal definition of simple assault.
Mutual Combat Reduction: If the evidence shows both parties willingly engaged in a fight, we can argue to have the charges reduced to a third-degree misdemeanor, which carries lighter penalties and better options for future record sealing.
Philadelphia Simple Assault – FAQs
Q: What happens at a simple assault arraignment in Philadelphia?
A: At your preliminary arraignment, a magistrate judge will formally read the charges against you and set your bail. Because simple assault is a violent offense, the judge may also issue a stay-away order preventing you from contacting the alleged victim. It is critical to have an attorney represent you at this stage to argue for lower bail and protect your rights.
Q: Can simple assault charges be dropped if the victim doesn’t want to press charges?
A: Once the police make an arrest, the decision to drop the charges belongs entirely to the District Attorney, not the victim. Even if the victim wants to drop the case, the prosecution may still move forward using police testimony, 911 recordings, or medical records. However, an uncooperative witness makes the case much harder for the DA to win, which your defense attorney can use to negotiate a dismissal or reduction.
Q: Will a simple assault conviction show up on my background check?
A: Yes. A conviction for simple assault will create a permanent criminal record that will appear on background checks conducted by employers, landlords, and licensing boards. Because it is a crime of violence, it can severely limit your future opportunities.
Q: Can a simple assault charge be expunged in Pennsylvania?
A: Generally, a misdemeanor conviction for simple assault cannot be fully expunged unless you receive a Governor’s Pardon. However, if the charge is graded as a third-degree misdemeanor (mutual combat), it may be eligible for a limited access order (record sealing) after 10 years of a clean record. If your attorney successfully gets the charges dismissed or you are found not guilty, the arrest record can be completely expunged.
Q: How much does a criminal defense lawyer cost in Philadelphia for assault charges?
A: The cost varies depending on the complexity of the case, the specific grading of the misdemeanor, and whether the case requires a full trial in Municipal Court. Because a conviction carries the threat of jail time and a permanent violent criminal record, hiring an experienced private defense attorney is a crucial investment to protect your freedom and your future.
