Simple Assault Charges in PA
Under Pennsylvania criminal code, simple assault is defined as attempting to cause or causing bodily injury to another; or when, through negligence, a person causes bodily harm to another with a deadly weapon. Simple assault can also be charged when a person attempts by physical menace and intimidation to put another in fear of serious bodily injury.
Misdemeanor Simple Assault
Most simple assaults are classified as a second degree misdemeanor in Pennsylvania. An M2 for simple assault is punishable by up to 2 years in prison. In cases where the simple assault results from a mutual fight, it will be a third degree misdemeanor –or M3, punishable by up to one year in prison.
If the assault is on a minor under the age of 12, and the perpetrator is 18 years or older, then it will be graded as a first degree misdemeanor. This can be punishable by up to 5 years.
A misdemeanor assault conviction will stay on your criminal record forever. It cannot be expunged until you reach the age of 70, or you apply for and receive a Governor’s Pardon.
Lessening the Penalties for Simple Assault
Prison is the harshest penalty for all crimes. Freedom is taken from those convicted, and the ability to pursue ambitions and enjoy life will largely dissipate.
Your chances for staying out of prison increase greatly by hiring a qualified criminal defense attorney who will represent you in court and work relentlessly to protect your freedom. There are defenses to simple assault that have proven successful, such as:
- Lack of intent
- No bodily injury
- Involuntary intoxication
If you or a loved one is facing a simple assault charge, call us now for a free and confidential consultation. We are experienced in defending assault charges and work hard to get the best results for clients in Cambria and Allegheny County. For a free initial evaluation of your case, call us today. If after hours, leave your contact information and we will call you back promptly.