There are various types of assault charges, which vary greatly in their severity and possible punishment. Many times, simple assault arises out of a domestic dispute that leads to a physical confrontation, or a bar fight.
Simple assault is a misdemeanor crime committed when an individual:
- 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 and intentionally or knowingly injures a law enforcement officer or an employee of a jail/prison/detention facility/mental hospital during an arrest or search of his or her person.
In addition, to further complicate this charge, there are different degrees of seriousness as to simple assault. For instance if the victim is a young child and if the accused is over 21, the charge is more serious. However, if two people mutually consent to a fight, the grading (seriousness) of the offense is reduced. The grading/seriousness of the offense is critical in determining the potential sentence.
Aggravated assault is a more serious assault charge which involves an:
- individual attempting to cause serious bodily injury to another, or knowingly intentionally or recklessly causing such injury;
- attempting to cause or intentionally, knowingly and recklessly causing serious bodily injury to a police officer, probation officer or other specific type of court official; OR
- attempting to cause or intentionally, knowingly and recklessly causing serious bodily injury to another with a deadly weapon.
Aggravated Assault is generally a felony. If convicted, an individual typically faces a mandatory period of incarceration. Nevertheless, there are various defenses that can sometimes be utilized to oppose an aggravated assault charge, or potentially have the charge reduced to a less serious charge, such as simple assault.
Although the Schuylkill County criminal defense attorneys of our firm are based in Pottsville, they represent clients throughout central and eastern Pennsylvania, including in Northumberland County, Carbon County, Berks County, Dauphin County, Lebanon County and Luzerne County. This includes providing criminal defense representation in Orwigsburg, Pine Grove, Shenandoah, Tamaqua, Hegins, Williamstown, Lebanon, Reading, Harrisburg, Hershey, Jim Thorpe and many other communities in the region.
To speak to one of our criminal defense attorneys, please call us at 1-888-4-WFJ-LAW or use our Contact Us form.