Assault is perhaps one of the most widely known criminal charges but also one of the most misunderstood. In some cases, assault is a somewhat minor charge related to minor injuries. In other cases, it is a very serious charge, and victims are often very badly hurt. Knowing the difference between these charges may help you and your lawyer mount a more successful defense.
Defendants may be charged with either simple assault or aggravated assault, depending on the alleged facts of the case. Simple assault is a relatively minor offense that is often charged as a misdemeanor. Aggravated assault is far more severe and may constitute a felony with much more serious penalties. While each involves causing bodily injury or attempting to do so, there are important differences to consider when developing defense strategies.
Call The Law Offices of Lloyd Long at (215) 302-0171 and ask our Philadelphia assault defense lawyers for a free case review to begin.
How You Might Be Charged with Assault in Pennsylvania
People tend to think of an assault as a physical attack from another person. While this is not entirely wrong, it is not entirely accurate. Assault may be charged as simple or aggravated assault, and the grading of the offense often depends on the severity of the alleged victim’s injuries and other factors surrounding the case. How you are charged will likely influence how our Northeast Philadelphia criminal defense attorneys plan your defense.
Simple Assault
Simple assault may be charged under 18 Pa.C.S. § 2701(a) and can occur in several ways. First, you may be charged for attempting to cause bodily injury or knowingly, intentionally, or recklessly causing bodily harm. Second, you could be charged for negligently causing bodily harm with a deadly weapon. Third, charges may be assessed if you put another person in fear of imminent bodily harm by means of physical menace. Finally, a person may be charged with simple assault for concealing or attempting to conceal a hypodermic needle and intentionally or knowingly penetrating a law enforcement officer, correctional officer, or mental hospital employee during an arrest or search.
Generally, simple assault cases involve less severe injuries to the alleged victim. In some cases, there are no actual injuries, but assault may include intimidating or threatening someone by putting them in fear of bodily harm.
Aggravated Assault
Aggravated assault is explained under § 2702(a) and is a more severe form of assault. Injuries tend to be more serious, and weapons are sometimes present. Aggravated assault may be charged under the following circumstances:
You allegedly attempted to cause serious bodily harm or knowingly, intentionally, or recklessly caused serious bodily harm in a way that demonstrates extreme indifference to human life.
You are alleged to have harmed police officers, firefighters, correction officers, probation or parole officers, and other government and law enforcement agents.
You attempt to cause or intentionally cause harm with a deadly weapon.
You caused harm to teachers or other school staff members while they were on duty.
You used physical menace to put state agents (e.g., police, firefighters, corrections officers) in imminent fear of bodily harm.
You used tear gas or another noxious gas.
You attempted to injure or knowingly, intentionally, or purposefully injure a child under 6 while you were at least 18 years old.
You caused serious bodily injury to a child under 13 while aged 18 or older.
Defending Yourself Against Charges for Assault in Pennsylvania
One tactic worth looking into is challenging the intent required for your charges. For example, many people are charged with some form of assault because they acted intentionally, knowingly, or purposefully when the victim was injured. If you did not have this intent when the incident supposedly happened, you should not be charged. Alternatively, we might argue that you acted negligently, which might help downgrade an aggravated assault charge to simple assault.
We can also try to dispute certain aggravating factors. For example, prosecutors might charge you with aggravated assault because they believe you used a weapon to harm the victim on purpose. However, the prosecutor might be wrong. Maybe there was no weapon, and the victim is being dishonest. Maybe there was a weapon, but you did not use it. Refuting the use of a weapon might at least reduce your charges.
Another option is to see if prosecutors are open to a plea agreement. If you have been charged with aggravated assault and it does not appear that we can refute the evidence against you, prosecutors might be willing to reduce your charges to simple assault in exchange for a guilty plea. This might be worth looking into, as the penalties for simple assault are much less severe than those for aggravated assault.
Another possibility is that you were not the aggressor or you acted in self-defense. For example, if you are charged because someone else attacked you in a bar, it might be reasonable for people to assume that you somehow provoked the attacker or willingly engaged in the fight. However, maybe the opposite is true. You fought back because you were afraid for your safety. Under 18 Pa.C.S. § 505(a), we can potentially claim you acted in self-defense.
Evidence We Can Use to Support Your Defense to Assault Charges in Pennsylvania
While a defendant is not required to put forth any evidence because they do not have a burden of proof to satisfy, doing so might greatly help your defense. First, we should consider the possibility of security camera footage. Take the bar fight example from before. The bar likely had security cameras, and the footage might show that the “victim” was indeed the aggressor, and you were only defending yourself.
Even if there is no security camera footage, we can still talk to witnesses who saw the incident unfold. If we can find enough people whose first-hand accounts of the incident contradict the story told by the prosecutor, you might have a strong defense.
Get Help From Our Pennsylvania Assault Defense Attorneys Today
Call The Law Offices of Lloyd Long at (215) 302-0171 and ask our Philadelphia criminal defense lawyers for a free case review to begin.