What is Simple Assault?
You can read the law on Simple Assault in PA here: Title 18 Pa.C.S.A. Crimes and Offenses § 2701. It states that a person is guilty of simple assault if he:
- attempts to cause or intentionally, knowingly or recklessly causes bodily injury to another;
- negligently causes bodily injury to another with a deadly weapon;
- attempts by physical menace to put another in fear of imminent serious bodily injury; or
- conceals or attempts to conceal a hypodermic needle on his person and intentionally or knowingly penetrates a law enforcement officer or an officer or an employee of a correctional institution, county jail or prison, detention facility or mental hospital during the course of an arrest or any search of the person.
A simple assault charge usually involves minor or no permanent injuries. But the harm has to be more than a simple push or shove or even a slap. Simple assault is the appropriate charge for pointing a gun at someone. Aggravated Assault is not.
Free Guide to Self-Defense in PA
What are the Penalties for Simple Assault?
- Simple Assault (general)
- Misdemeanor of the 2nd Degree
- Maximum Penalty:
- 2 years in prison
- Simple Assault with mutual consent (fighting)
- Misdemeanor of the 3rd Degree
- Maximum Penalty:
- 1 year in prison
- Simple Assault against a minor (under 12)
- Misdemeanor of the 1st Degree
- Maximum Penalty:
- 5 years in prison
How a Simple Assault can Affect Your Life?
Many people wrongly view these charges as minor. This could not be further from reality. Not only are you facing possible jail time if convicted, but you will also have a violent crime on your criminal record. With background check apps and websites, people will be able to see your violent crime and label you as a violent person.
Now ask yourself:
- What employer wants to hire a violent person?
- Who wants to date a violent person?
- Who wants to live near a violent person?
People with “just” a simple assault on their criminal history face lifelong consequences. This includes loss of professional or occupational licenses.
The worst things is, police are quick to charge. This is especially so in the case of domestic violence charges. The police often don’t investigate the facts. They simply take the word of someone and arrest….even if you were defending yourself.
Don’t let an assault conviction rob you of your freedom for years to come. Call The McShane Firm now at 7176573900 for your free case consultation. Our experienced attorneys will help you plan out a course of action to fight these charges.
According to the Administrative Office of Pennsylvania Courts in 2017, there were 25,878 offenses committed against a person. These are mostly assault and related offenses.
The Most Dangerous
When measured by the number of assault offenses per 1,000 people, the counties that
had the most offenses were:
Counties with the Highest Rate of Assault Offenses
Different Types of
|Type of Offense||PA Statute||Description||Penalty Range|
|Simple Assault||18 § 2701||Attempting to cause or intentionally, knowingly or recklessly causes bodily injury to another.||
|Aggravated Assault||18 § 2702||Attempting to cause serious bodily injury to another. There are many other aggravating factors such as assaulting a law enforcement officer, school teacher or employee.||
|Involuntary Manslaughter||18 § 2504||A person is guilty of involuntary manslaughter when as a direct result of the doing of an unlawful act in a reckless or grossly negligent manner, or the doing of a lawful act in a reckless or grossly negligent manner, he causes the death of another person.||
|Voluntary Manslaughter||18 § 2503||A person who kills an individual without lawful justification commits voluntary manslaughter if at the time of the killing he is acting under a sudden and intense passion resulting from serious provocation.||
|Murder||18 § 2502||A criminal homicide constitutes murder of the first degree when it is committed by an intentional killing.||
An Assault Conviction can Shatter your Life
Beyond the penalties in court, an assault conviction can ruin your life in many ways.
- 1 An assault conviction will stay on your criminal record forever. Future employers, friends, even someone you ask out to dinner can easily use common apps to see your assault conviction.
- 2 Depending on the nature and severity of the crime, you can lose your professional license. This affects people from many professions such as doctors, lawyers, massage therapists and even barbers.
- 3 Many companies have policies not to hire someone who has been convicted of a violent crime.
- 4 If your conviction is a sexual offense, you may have to register as a sex offender which may make it difficult to find a place to live.
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I cannot thank them enough for the outcome of my case. Attorney Tim Barrouk was dealing with a client who was on edge, never been arrested, and didn’t trust him 100% in the beginning, but he came recommended so he was my lawyer. I remember offering to hire a second attorney to help and he reassured me he had it under control. After a while it appeared I made a great choice. He knew the pros & cons of every judge my case was assigned to, he knew when to talk and when to listen in court, he didn’t let me take a bad deal, never pressured me, and responded to every text or call I ever placed to him. Cathi Lee kept me updated on where to be and when to be there. and was always available also. I was facing an Aggravated Assault charge causing serious bodily injury, simple assault, unlawful restraint, and 4 other misdemeanor charges and facing up to 10+ years in state prison. I never denied what I did and there was even video of me doing it. At the end of the day, All my charges were dropped and replaced with one summary offense of disorderly conduct and I was sentenced to pay a $25 fine plus court costs. Tim was always honest, and even told me flat out, these charges fit what you did but your case is triable and we’re gonna work for the best outcome. There were no promises or bs, just facts and business. Thank you Tim and the rest of The McShane Firm for getting me justice and not letting me get lost in the system.