What is Simple Assault?
There are four major reasons why an individual could be charged for simple assault. These reasons are if:
- A person knowingly, intentionally, or recklessly attempts to cause physical harm to another person
- A person negligently uses a deadly weapon to harm an individual
- A person uses physical threats to intimidate another person due the fear of serious injury
- A person penetrates a law enforcement agent with a needle while being arrested or searched
Simple assault is considered a second degree misdemeanor and can carry a penalty of up to two years in prison.
What is Aggravated Assault?
Aggravated assault occurs when a person does any of the following things:
- A person causes serious physical harm to another person and shows indifference to human life
- A person attempts to cause serious bodily injury or threatens serious bodily injury to a police officer, firefighter, parole officer, sheriff, deputy sheriff, enforcement agent, or correctional officer as they are trying to perform their duties
- A person attempts to or intentionally causes serious bodily harm to a member of the teaching community while they are working at a school
- A person uses tear gas, noxious gas, or a stun gun to incapacitate a police officer, firefighter, parole officer, sheriff, deputy sheriff, enforcement agent, or correctional officer while they are performing their duties
Aggravated assault is considered a felony of either the first or second degree. The assault is considered a first degree felony if it is against a police officer or a firefighter. This is punishable by up 20 years in prison. A second degree felony is punishable by up to 10 years in prison.
What can I do now?
The first step after you or a loved one is charged with a crime concerning assault in the areas surrounding Chester and Delaware County is to contact a reliable law team who can help defend and protect your interests. The Law Office of Vincent J. Caputo is ready to help you through this process. Please contact us with any questions about assault in Pennsylvania.