Assault & Aggravated Assault Defense Attorneys in Central PA

Under Pennsylvania law, simple assault may be charged when a person allegedly: 

• Attempts to cause or intentionally, knowingly or recklessly causes bodily injury to another person 
• Negligently causes bodily injury with a deadly weapon 
• Uses physical menace to attempt to place another person in fear of imminent serious bodily injury 
• Engages in certain conduct involving a concealed hypodermic needle against law enforcement or specified institutional personnel during an arrest or search 

Simple assault is generally a second-degree misdemeanor. However, the grading can change depending on the circumstances. For example, an assault arising from a fight or scuffle entered into by mutual consent may be graded as a third-degree misdemeanor, while an assault committed by an adult against a child under age 12 may be graded as a first-degree misdemeanor. 

The facts surrounding the incident matter. An allegation of assault does not automatically establish what happened or who initiated the confrontation. The prosecution must still prove the elements of the offense charged.

Is it a felonoy?

Generally, no. Simple assault is typically charged as a misdemeanor in Pennsylvania, although the grading depends on the circumstances. Aggravated assault, by comparison, is a felony offense. 

The nature and extent of an alleged injury can play an important role in determining how an assault case is charged. 

Pennsylvania law distinguishes between bodily injury and serious bodily injury. Serious bodily injury generally involves an injury that creates a substantial risk of death or causes serious, permanent disfigurement or prolonged loss or impairment of the function of a body part or organ. 

But an aggravated assault charge does not always require that serious bodily injury actually occurred. In certain circumstances, an alleged attempt to cause serious bodily injury may support the charge. 

That makes the surrounding facts particularly important. What happened before, during and immediately after the incident can affect how the evidence is interpreted and whether the Commonwealth can establish the required elements of the offense. 

Potentially, yes.

Being charged with assault does not necessarily mean that the prosecution’s version of the incident is complete or that your actions were unlawful. 

Pennsylvania law recognizes circumstances in which the use of force may be legally justified, including self-defense and the defense of others. Whether a justification defense applies depends heavily on the facts. 

Questions may include: 

• Who initiated or escalated the confrontation? 
• Did you reasonably believe force was necessary to protect yourself or someone else? 
• What level of force was allegedly used? 
• Was a weapon involved? 
• Were there witnesses? 
• Is there surveillance, cellphone or other video of the incident? 
• What happened immediately before and after the confrontation? 
• Do physical evidence and injuries support or contradict the accounts being given? 

An attorney can evaluate these issues in the context of the evidence and the specific charges against you.

Who initiated a confrontation can be highly relevant, but it does not automatically determine the outcome of an assault case. 

Physical confrontations often develop quickly, and witnesses may remember events differently. Police may arrive after the incident has ended and have to make decisions based on statements, injuries and the evidence available at the scene. 

That is one reason it is important to identify and preserve evidence as soon as possible. Surveillance footage can be overwritten, text messages can be deleted and witnesses can become harder to locate as time passes. 

If you believe you acted in self-defense or that the allegations do not accurately reflect what happened, speak with a criminal defense attorney as soon as possible. 

The potential penalties depend on the offense, grading of the charge, the circumstances of the case and other factors. 

Simple assault is generally a misdemeanor, although its grading may vary in certain circumstances. 

Aggravated assault is a felony offense and may be graded as a first-degree or second-degree felony depending on the allegations. 

Beyond the sentence imposed by the court, an assault conviction may have other consequences. A criminal record can affect employment, professional licensing and other aspects of your life. Certain felony convictions may also affect your ability to possess firearms. 

Because the potential consequences vary considerably from one case to another, it is important to understand the exact charges filed against you rather than relying on general information about assault penalties. 

There is no single defense that applies to every assault case. The appropriate strategy depends on what happened and what evidence exists. 

Do not assume that you need to explain your side of the story to police before speaking with an attorney. 

If you have been arrested, charged or contacted by law enforcement regarding an assault investigation, you should speak with a criminal defense attorney as soon as possible. 

Early involvement can give your attorney an opportunity to understand what happened, identify potential witnesses, determine whether video or other evidence should be preserved and advise you before you make statements that could later be used against you. 

Avoid contacting the alleged victim to try to resolve the situation yourself, particularly if a court order or conditions of bail prohibit contact. You should also avoid discussing the incident on social media.

No. Pennsylvania law grades aggravated assault as either a first-degree or second-degree felony depending on the circumstances and the specific subsection charged. 

Once police and prosecutors are involved, the alleged victim generally does not have sole authority to decide whether the criminal case continues. The Commonwealth may proceed based on the available evidence. 

Understanding the Process Can Help You Prepare

No, not without speaking with an attorney first. Even if you believe explaining what happened will clear up the situation, statements made during an investigation can affect the case. Speak with a criminal defense attorney before answering questions about an incident in which you may be a suspect or target. 

Understanding the Process Can Help You Prepare

As soon as possible after contact with police, learning that you are under investigation or being arrested or charged. Early legal involvement may be particularly important in an assault case because video, witness information, messages and other evidence can disappear or become more difficult to obtain over time.