Assault is perhaps one of the most well-known criminal charges on the books in Pennsylvania. It is also one of the most misunderstood. While assault is often a very serious offense and can lead to felony charges, it does not always. Depending on the circumstances of the alleged assault, defendants might face somewhat lesser charges.
Assault that causes bodily harm is not always charged as a felony. Numerous other factors surrounding the alleged assault must be considered when the authorities press charges and decide whether felony charges are appropriate. Simple assault is usually charged as a misdemeanor, even when injuries are involved. Aggravated assault is almost always a felony, and injuries tend to be more severe. In some cases, assault is charged as a felony not because of the severity of any injuries but because of the identity of the victim. For example, assault against law enforcement officials is usually charged as a felony.
Call our Philadelphia criminal defense attorneys at Kenny, Burns & McGill at (215) 423-5500 to get a private, free case evaluation.
Can I Be Charged with a Felony for Assault with Bodily Injury?
It is possible to be charged with a felony for an alleged assault, but this is not the same in every case. Some forms of assault do not warrant felony charges but instead may be charged as misdemeanors. How you are charged depends on how the assault is alleged to have happened.
Your intent may be a major factor. Assaults that are intentional and purposeful may be charged more harshly than those committed recklessly. Not only that, but some assaults occur because both parties were fighting, or the victim provoked the attack. In such cases, our Pennsylvania criminal defense attorneys might be able to argue for a reduction in charges so you can avoid felonies.
The severity of the injuries is also an important factor. Minor injuries are less likely to be charged as felonies, depending on other circumstances of the case.
Charges for Simple Assault with Bodily Injuries in Pennsylvania
While felony charges are possible in some assault cases, you are unlikely to face felonies in a case of simple assault.
According to 18 Pa.C.S. § 2701(b), charges for simple assault may be graded as a second-degree misdemeanor. Simple assault may be charged if you are believed to have intentionally, knowingly, or recklessly caused someone bodily harm. Remember, this is not “serious” bodily harm. You might also be charged for negligently causing injury with a deadly weapon, putting someone in imminent fear of harm, or concealing a hypodermic needle and penetrating a law enforcement officer.
If the assault occurred as part of a mutually entered fight or scuffle, a defendant may be charged with a third-degree misdemeanor.
If the alleged victim of simple assault is under 12 and the defendant is at least 18, the defendant may be charged with a first-degree misdemeanor.
Charges for Aggravated Assault with Bodily Injuries
Aggravated assault is a more serious form of assault and often leads to felony charges. In fact, most cases of aggravated assault are charged as felonies unless the charges are reduced through plea bargaining or because of a lack of evidence.
Charges for aggravated assault are explained under 18 Pa.C.S. § 2702(b) and may be assessed under a wide range of circumstances. Generally, aggravated assault charges may apply when bodily injuries are “serious.” They may also be assessed if the circumstances are especially shocking or if the defendant allegedly intentionally used a deadly weapon to cause harm.
Aggravated assault may be charged as a first-degree felony if the defendant is believed to have intentionally, knowingly, or recklessly caused serious bodily harm under circumstances amounting to extreme indifference. They may also be charged if the defendant caused injuries to certain people, like police officers.
Under other conditions, aggravated assault may be charged as a second-degree felony. This often involves attempts to cause serious bodily harm or acts of assault under very specific circumstances that you should discuss with your lawyer.
How Bodily Injuries May Affect Charges for Assault in Pennsylvania
Assault that results in bodily injuries may or may not be charged as a felony depending on numerous factors, including how serious the injuries are. Minor injuries are less likely to lead to felony charges unless they occur under specific circumstances. For example, assaulting a law enforcement officer will likely be met with felony charges even if the injuries were minor.
Serious injuries are a hallmark of aggravated assault charges that are almost always charged as felonies. Even so, there may be wiggle room to downgrade your charges to something like a second-degree felony instead of a first-degree felony.
Assault Charges Based on the Defendant’s Intent
As briefly discussed above, the defendant’s intent matters when it comes to assessing assault charges. Purposely causing harm is regarded as more severe than causing harm by mistake, even if you are still legally responsible for the mistake.
A good example of how intent can make a huge difference involves charges for assault with a deadly weapon. If you negligently cause bodily injuries with a deadly weapon, you may be charged with simple assault, usually a misdemeanor. However, if you did so knowingly or intentionally, you may be charged with a felony for aggravated assault.
Assault Charges Based on the Victim’s Identity in Pennsylvania
Your charges may also vary based on who the alleged victim is. As mentioned before, alleged assaults against law enforcement officials may be charged as aggravated assault and lead to serious felony charges. However, other people are also given special consideration when assessing assault charges.
If you are accused of assaulting or attempting to assault teachers, school board members, or other school employees while they are on duty, you may be charged with a felony for aggravated assault. The same goes for assaults against firefighters, probation and parole officers, district attorneys, public defenders, and others while they are performing their duties.
Ask Our Pennsylvania Criminal Defense Attorneys to Review Your Case Today
Call our Bucks County, PA criminal defense attorneys at Kenny, Burns & McGill at (215) 423-5500 to get a private, free case evaluation.
