There are two primary classifications of assault charges in Pennsylvania: simple assault and aggravated assault. Defendants need to understand the difference between the two so that they can understand the severity of their charges and what to expect moving forward.

Typically, simple assault is charged as a second-degree misdemeanor and is punishable by up to 2 years in prison or county jail. Aggravated assault can either be charged as a first- or second-degree felony, for which the maximum prison sentences are 20 years and 10 years, respectively. While you might be able to avoid an extended prison sentence after a first-time conviction for simple assault, prison time is all but guaranteed after a convicted for aggravated assault.

Get the free, confidential case review you need from our assault defense lawyers when you call the Liberty Law Team at (215) 709-7431.

What Constitutes Simple Assault in Springfield, PA?

Simple assault is a common offense in Pennsylvania, and our lawyers often help defendants overcome it or mitigate its consequences.

Attempting to cause or intentionally, knowingly, or recklessly causing bodily injury to another person is simple assault. This means that even if there is no physical contact, such as you throw a punch and miss, you could still be arrested for simple assault after an altercation in Springfield.

What Constitutes Aggravated Assault in Springfield, PA?

Aggravated assault is far more serious but also very common. Attempting to cause or intentionally, knowingly, or recklessly causing serious bodily injury may lead to felony charges for aggravated assault.

Use of a deadly weapon to attempt to cause or intentionally cause bodily injury, not necessarily serious bodily injury, also falls under the definition of aggravated assault.

Other conduct, such as attempting to cause or intentionally causing bodily injury to a child under 6 years of age by a person 18 or older, is also considered a form of aggravated assault in Pennsylvania.

How is Simple Assault Typically Charged in Pennsylvania?

Simple assault is always charged as a misdemeanor, with the specific degree depending on the alleged facts of the case.

In many cases, simple assault is charged as a second-degree misdemeanor. For fights entered into by mutual consent, simple assault is charged as a third-degree misdemeanor. When a person 18 or older commits simple assault against a child under 12, they will face a first-degree misdemeanor charge in Springfield.

How is Aggravated Assault Typically Charged in Pennsylvania?

Aggravated assault is charged more severely than simple assault and is always a felony offense in Pennsylvania.

For aggravated assault, defendants could face first- or second-degree felony charges. For causing serious bodily injury with an extreme indifference to human life, the charge is a first-degree felony. For causing bodily injury with a deadly weapon, the charge is a second-degree felony.

We can make sure you face the right charges based on what the prosecution alleges and that you are not incorrectly charged with a more serious offense than you should be.

Will You Go to Prison if You Are Convicted of Simple Assault in Springfield, PA?

Although simple assault is a misdemeanor offense, do not underestimate the consequences that you might face if you are convicted.

For a second-degree misdemeanor charge, the most common for simple assault, the maximum prison sentence is 2 years. If you are sentenced to any jail time for simple assault, you can most likely serve it in county jail rather than state prison.

If this is your first time facing and being convicted of charges for simple assault, you may be released on probation, have to do community service, or even have to participate in anger management classes instead of a prison sentence.

Will You Go to Prison if You Are Convicted of Aggravated Assault in Springfield, PA?

The likelihood that defendants will spend time in prison increases as the offense becomes more severe. Aggravated assault is a serious offense, and some prison time is likely upon conviction.

If you are convicted of a first-degree felony for aggravated assault, you could face up to 20 years in prison. The maximum sentence for a second-degree felony conviction is half as long, up to 10 years.

While prison time is extremely likely for aggravated assault convictions, you are not guaranteed the maximum sentence. Our assault defense lawyers may be able to point to your otherwise clean criminal record, ties to the community, and other mitigating factors to keep your sentence as low as possible.

Is Being Arrested for Simple Assault Serious Enough to Hire a Lawyer?

Though simple assault might be a less serious offense compared to aggravated assault, a conviction can still negatively affect your life.

Being arrested for simple assault is serious enough to hire a lawyer. If you are arrested for any reason, you should invoke your right to an attorney and your right to remain silent right away.

Why Do You Need a Lawyer for Assault Charges?

Anyone facing criminal charges needs a lawyer to advocate for and protect their rights.

Understand the Charges

After an arrest, you need a lawyer’s help understanding the specific charges you could face for assault, whether misdemeanor or felony charges, and what that means for your case moving forward.

Avoid Self-Incrimination

By getting a lawyer right away, you protect yourself from making incriminating statements to the police and prosecution.

Build Your Defense

You also need a lawyer to evaluate your case from all angles, identify the best defense, and build it in time for trial if the prosecution proceeds with filing and trying charges.

Negotiate a Plea Deal

When appropriate, our lawyers may negotiate plea deals to reduce an assault charge so that the maximum penalty a defendant might face upon conviction also reduces. For example, if second-degree felony aggravated assault is reduced to even a first-degree misdemeanor, the consequences would decrease dramatically.

Seek Help from Our Assault Defense Attorneys in Springfield, PA

Contact the assault defense lawyers at the Liberty Law Team for a free case assessment by calling us today at (215) 709-7431.