To be frank, there is nothing “simple” about “simple assault” charges. If someone is charged with simple assault as a minor, it might not be considered a “crime” in the traditional sense since the case is handled through the juvenile justice system instead of the criminal justice system. Even so, this can still come with serious penalties and long-term interruptions to your life.
Juveniles can be charged with simple assault in the same case as an adult: when they are accused of hitting or attempting to hit someone else. In many cases, kids will get a pass for fighting, but assault charges can be pressed. If these charges are formally brought in the juvenile justice system, the juvenile could face adjudication, detention in a juvenile hall, and other penalties.
For a free case assessment, contact The Law Offices of Lloyd Long’s Philadelphia assault lawyers at (215) 302-0171 today.
The Definition of Simple Assault in Philadelphias
The crime of hitting someone else is called “simple assault” in contrast to “aggravated assault.” Aggravated assault deals with more serious injuries and more serious harm, which quite obviously is a crime. However, what constitutes simple assault is sometimes confusing, as simple assault is not necessarily that serious of an offense, yet it can really lead to serious penalties.
Under 18 Pa.C.S. § 2701, simple assault can be charged a few ways. The first and most common way is for causing “bodily injury” to someone else. Alternatively, it can also be charged for attempting to cause injury. This means there is no need for “attempted assault” charges; that counts as a completed crime of assault. Note that all of these require intentional action.
The clearest example of simple assault is punching someone. However, our Philadelphia criminal defense lawyers must note that the crime should not be charged if there is no “bodily injury.” For the injuries to qualify, there needs to be an “impairment” or “substantial pain.” This means quick, temporary injury that leaves no bruising might not qualify.
You can also be charged with simple assault for negligence if it involved injury with a deadly weapon like a firearm. You can also be charged with a crime for putting someone in fear of “serious bodily injury” through “physical menace” – i.e., getting up in their face and scaring them with your presence. Lastly, it is also simple assault if you hide a hypodermic needle on you and intentionally stab a law enforcement officer, correctional officer, or mental health worker with it.
Simple assault is usually a second degree misdemeanor unless it happens during a mutual fight, in which case it is a third degree misdemeanor. However, misdemeanors work differently for minors.
Do They Charge Minors with Simple Assault in Philadelphia?
The question of whether people can be charged with a crime is quite separate from whether a person will be charged with a crime. However, it is important to understand what the law is in Philly when it comes to assault charges and what criminal liability you could be exposed to for assault.
As mentioned, one of the biggest thresholds for whether simple assault occurred will be how bad the injuries were. A lot of fights or even bullying among minors involve mere scuffles that leave no one injured. However, even something as simple as a bruise or a skinned knee could be enough to constitute “bodily injury” and result in charges.
Another possibility is that no one will be charged if both sides were willingly fighting. Consent is supposed to be a defense to assault, and minors often willingly enter into fights with each other. Instead of being charged as assault, this could instead be charged as disorderly conduct under 18 Pa.C.S. § 5503, which is often a lower-level “summary offense” instead of a misdemeanor.
Especially if there were no police initially involved, cases of assault might also be handled though discipline at school or worked out between parents. Many cases see a victim’s parents not want to press charges, but cases might be resolved with civil lawsuits if the victim faced any medical bills.
It is important to note, however, that police bring criminal charges. Even if the victim or their parents does not want to “press charges,” it is not up to them. However, police are often unlikely to press charges when the victim is unwilling to cooperate with the case. Otherwise, they need to rely on other witnesses like teachers, other children, or nearby adults or officers who witnessed the alleged assault.
The Process for Juvenile Charges for Simple Assault in Philly
When minors are charged with crimes, the entire process is different from adult criminal cases. First, these offenses are not even called crimes, and second, you are potentially “adjudicated delinquent” rather than “found guilty” at the end of the process.
The goal in juvenile justice is not to punish the offender but rather to “rehabilitate” the juvenile. This means that, instead of jail time or time in a juvenile detention facility, the juvenile might be placed on “juvenile probation.” This requires check-ins with a juvenile probation officer, attendance at classes or training on how to avoid reoffending, and participation in community service and other programs. It might also require you to wear an ankle monitor that your family is required to pay for.
Ultimately, juvenile penalties can be quite expensive and interrupt your child’s and your family’s lives in surprising ways. In many cases, the best interests of the child in question do point to a need for enhanced supervision, and the ultimate goal of juvenile probation is to equip the minor to be able to monitor themselves as they grow into adulthood. However, our lawyers can help fight these charges, protect your child’s rights, deny the government access to illegal evidence, attempt to shut down racially motivated cases, and help to avoid the most serious penalties for your minor.
In some cases, we might also be able to work out fines and community service arrangements that could see the charges ultimately dropped.
Call Our Philadelphia Assault Lawyers Today
Call (215) 302-0171 for a free case review with the Philadelphia criminal lawyers at The Law Offices of Lloyd Long.