Simple Assault Vs. Aggravated Assault In Pennsylvania: What Is The Difference?

The word “simple” can be misleading. Is a simple assault charge really minor, and what turns a fight into an aggravated assault? In Pennsylvania, the biggest difference comes down to the level of harm involved, the person who was targeted, and whether a weapon was used. Understanding that dividing line helps explain why one charge is a misdemeanor and the other is a felony with far heavier consequences.

How Pennsylvania Defines Simple Assault

Under 18 Pa.C.S. § 2701, a person commits simple assault by attempting to cause or intentionally, knowingly, or recklessly causing bodily injury to another person. The law also covers negligently causing bodily injury with a deadly weapon, and attempting by physical menace to put someone in fear of imminent serious bodily injury. No one has to be hurt for a charge to apply; an attempt or a threat can be enough.

“Bodily injury” is a defined term in 18 Pa.C.S. § 2301. It generally means impairment of physical condition or substantial pain, so a punch that leaves someone sore can qualify even without a lasting injury.

Simple assault is ordinarily a misdemeanor of the second degree. It drops to a misdemeanor of the third degree if it happened in a fight or scuffle entered into by mutual consent, and it rises to a misdemeanor of the first degree if an adult commits it against a child under twelve.

What Pushes a Charge Into Aggravated Assault Territory?

Aggravated assault under 18 Pa.C.S. § 2702 is a different level of seriousness altogether. The central idea is serious bodily injury, which the law defines in § 2301 as injury that creates a substantial risk of death or causes serious, permanent disfigurement or protracted loss or impairment of the function of a body part or organ. A charge can arise in several ways, including:

• Attempting to cause serious bodily injury, or causing it intentionally, knowingly, or recklessly under circumstances showing extreme indifference to the value of human life
• Causing, or attempting to cause, bodily injury with a deadly weapon
• Injuring certain protected people, such as police officers, firefighters, teachers, and other listed employees, while they are performing their duties
• Harming very young children, in certain circumstances

An aggravated assault does not always involve serious injury; a deadly weapon or a protected victim can raise the charge even when the injury is less severe.

Why the Difference Matters

Grading drives the consequences. Aggravated assault is generally a felony of the first or second degree, depending on the subsection. A first-degree felony can carry up to 20 years in prison, a second-degree felony up to 10 years, and a second-degree misdemeanor up to two years, as set out in 18 Pa.C.S. §§ 1103 and 1104. Beyond sentencing, a felony conviction can affect employment, housing, firearm rights, and professional licenses.

Charges can also change as the evidence develops, which is why details matter: what injuries are documented, whether a weapon was involved, and who started the encounter.

Contact The Law Offices of Gary E. Gerson About an Assault Charge

If you have been charged with simple or aggravated assault, you probably have questions about what comes next. Our Pittsburgh assault defense attorneys at The Law Offices of Gary E. Gerson can review how the charges were filed and what they may mean for you. Contact The Law Offices of Gary E. Gerson today so we can talk through your situation.

Source:

legis.state.pa.us/WU01/LI/LI/CT/HTM/18/00.027..HTM