Understanding Simple Assault and Aggravated Assault Charges in Pennsylvania

Pennsylvania law draws an important distinction between simple assault and aggravated assault, and that distinction directly affects how a case is charged and the penalties a person may face if convicted.

What is Simple Assault Classified As?

In many situations, simple assault is charged as a misdemeanor offense. Although a misdemeanor conviction can still lead to incarceration, probation, fines, and a permanent criminal record, the potential penalties are generally lower than those associated with aggravated assault charges.

What is Aggravated Assault Classified As?

Aggravated assault is treated far more seriously under Pennsylvania law and is classified as a felony offense. A conviction can carry lengthy prison sentences and long-term collateral consequences that may impact employment, housing, and civil rights.

What Determines the Type of Assault Charge?

Whether an incident is charged as simple or aggravated assault often depends on the severity of the alleged injuries and the conduct involved. Injuries such as broken bones, concussions, skull fractures, or lacerations requiring stitches may support aggravated assault allegations. Incidents involving minor bruising, pushing, scrapes, or superficial injuries are more commonly charged as simple assault. However, assault cases are highly fact-specific, and prosecutors and courts evaluate the total circumstances of each incident when determining how charges are graded.

If you have been charged with assault or are concerned about how your case may be classified, Attorney Michael Kotik of SKA Law Group can review the details of your situation and explain your legal options. Contact SKA Law Group to learn more about how Pennsylvania assault charges are evaluated and defended.

FAQ: Pennsylvania Simple Assault vs. Aggravated Assault

1) How does Pennsylvania law distinguish between simple and aggravated assault?The distinction is based on the seriousness of the alleged conduct and injuries. Simple assault is usually charged as a misdemeanor, while aggravated assault is charged as a felony.

2) Can simple assault still result in jail time?
Yes. Even though simple assault is typically a misdemeanor, a conviction can still lead to jail time, probation, fines, and a permanent criminal record.

3) What injuries are commonly associated with aggravated assault charges?
More serious injuries, such as fractures, concussions, skull fractures, or wounds requiring stitches, may support aggravated assault allegations depending on the circumstances.

4) What type of conduct usually leads to simple assault charges?
Less severe conduct, including minor bruising, pushing, scrapes, or superficial injuries, is more commonly charged as simple assault.

5) Is the charge based only on the injury involved?
No. Prosecutors consider the totality of the circumstances, including how the incident occurred, the force used, and other case-specific factors.

6) Should I consult a lawyer if I’m charged with assault in Pennsylvania?
Yes. An attorney can evaluate the facts of your case, explain how the charge may be graded, and discuss potential defenses and outcomes.