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
- Provocation
- Self-defense
- Age
- Involuntary intoxication
- Insanity
You may be able to plead no-contest and enter into an accelerated rehabilitative disposition, or ARD program which will effectively dismiss all charges once you successfully complete the program and pay all costs and fines. ARD is at the Court’s discretion Judges are most willing to allow it when: 1) You have had no priors; and 2) You have not entered an ARD in the past.
If you or a loved one is facing a simple assault charge, call us now to schedule a COMPLIMENTARY Discovery Session with a Client Relations Specialist. Our experienced team is dedicated to defending assault charges and securing the best possible outcome for clients in Cambria and Allegheny County. Get a free initial evaluation of your case—call us today. If it’s after hours, leave your contact information, and we’ll get back to you promptly.
