Criminal charges under 18 Pa.C.S. § 2701 describe simple assault. Do not be fooled by the name. There is no such thing as a “simple” criminal offense. If you are charged, you should contact an attorney immediately, as simple assault is technically a violent crime.
Simple assault may be charged under various circumstances, and the alleged victim does not necessarily have to be injured for charges to apply. For example, a person may be charged for actually and intentionally causing harm, attempting to cause harm, negligently causing harm with a firearm, or physical menace or intimidation. Grading of charges varies by your specific situation, but simple assault is typically charged as a misdemeanor. Even so, misdemeanors carry potential jail time.
Get help now in a free case review from our defense lawyers for 18 Pa.C.S. § 270 charges by calling Kenny, Burns & McGill at (215) 423-5500.
How Can Someone Be Charged Under 18 Pa.C.S. § 2701 in Pennsylvania?
Simple assault is a somewhat common criminal charge and often involves acts of violence. While simple assault is not always regarded as the most severe criminal charge, it may still lead to serious jail time.
Causing Bodily Injury
Perhaps the most familiar way that defendants are charged with simple assault under this statute is if they are accused of attempting to cause or knowingly, intentionally, or recklessly causing bodily injury to someone else. The injuries do not have to be severe for charges to apply.
It is important to note that you do not have to actually cause harm to be charged here. Simply attempting to cause harm is enough to warrant charges, even if your attempt is unsuccessful.
Negligence with a Deadly Weapon
You may also be charged with assault if you negligently cause injury to someone else with a deadly weapon. The key here is the presence of the deadly weapon. You do not need to have intended to cause harm. Your negligence and the presence of the weapon are enough to warrant criminal charges for simple assault.
Physical Menace
Simple assault charges also cover instances of using “physical menace” to place another person in imminent fear of bodily harm. Physical menace means using physical actions, not simply words or verbal threats, to intimidate or threaten someone. The key here is that the victim is placed in imminent fear of harm, although that harm does not actually have to occur.
Concealing a Hypodermic Needle
A less common and much more specific way to be charged with simple assault is to conceal a hypodermic needle on your person and use it to knowingly and intentionally penetrate a law enforcement official or correctional officer during an arrest or search.
Fighting Simple Assault Charges Under 18 Pa.C.S. § 2701
There may be various ways to fight simple assault charges, and the best defense for you will depend on how and why you were charged.
Disputing Your Alleged Intent
One defense tactic is to dispute the intent alleged by prosecutors. Many simple assault charges, as described above, require a certain type of intent. If prosecutors must prove that you intentionally caused bodily harm, our defense lawyers for 18 Pa.C.S. § 270 charges may argue that your actions were not intentional but accidental.
Self-Defense
It is entirely possible that you caused injury to someone else because you were in fear for your own safety. Proving self-defense can be tricky, but it is possible. We may need evidence that the “victim” attacked you first and that you had no other choice but to retaliate to prevent further harm.
Plea Agreements
Many cases end with plea agreements. In many cases, simple assault charges do not represent very serious offenses. Victims are often not severely injured, and prosecutors may offer to reduce your charges to something even less serious if you agree to plead guilty.
FAQs About Criminal Charges Under 18 Pa.C.S. § 270 in Pennsylvania
What Are Charges Under 18 Pa.C.S. § 2701 in Pennsylvania?
A defendant may be charged with simple assault under this statute. Simple assault is a somewhat commonly charged crime, but it is still a violent offense that carries potential jail time. If you or someone you know is charged, contact an attorney for help immediately.
How Can Someone Be Charged with Simple Assault in Pennsylvania?
You may be charged with simple assault for attempting or actually causing harm intentionally, knowingly, or recklessly. You may also be charged for negligently causing harm with a firearm or attempting to put someone in fear of bodily harm by physical menace. You can also be charged for concealing a hypodermic needle and penetrating a law enforcement official.
Is Simple Assault a Serious Crime?
While simple assault is not quite as severe as aggravated assault – which is a felony – it is still a violent crime that carries jail time. You may be charged with a third-, second-, or first-degree misdemeanor, depending on the circumstances, and could face several years in jail.
Can I Go to Jail if I am Found Guilty of Simple Assault?
Yes. If a defendant is found guilty of simple assault, they may face a jail sentence of several years. Your exact sentence depends on how you are charged. While simple assault is typically a misdemeanor, there are different degrees of misdemeanor that carry varying penalties.
How Do I Fight Charges for Simple Assault in Pennsylvania?
You may fight charges of simple assault if specific legal elements of the crime cannot be proven. For example, if prosecutors cannot prove your intent or that a firearm was involved, your charges may be challenged in court. You might instead claim self-defense if the alleged victim attacked you first.
How Can I Prove I Was Defending Myself if I am Charged with Simple Assault?
Proving self-defense is often tricky. We must show that you had a good faith belief that the other person meant to cause you harm and that force was necessary to protect yourself. Witness testimony or security camera footage of the alleged assault may be helpful.
What Kinds of Situations Usually Lead to Simple Assault Charges?
Simple assault charges often stem from fights and scuffles at places like bars, parties, or social gatherings. Many cases involve disagreements or disputes that, unfortunately, escalate into violence. Even so, your case may be different, and your attorney can help you determine exactly what went wrong.
Do I Need a Lawyer if I am Charged with Simple Assault?
Yes. If you are charged with any crime, you should seek help from an attorney. You should especially seek help for simple assault charges because this is a violent crime, and a conviction on your record may ripple across the rest of your life.
What Should I Do if I am Arrested for Simple Assault?
Invoke your right to remain silent and avoid answering questions from the police about the alleged offense. Also, invoke your right to have an attorney present if you choose to answer any questions from the authorities.
Should I Plead Guilty or Not Guilty to Simple Assault?
Typically, yes. Unless your attorney has a different strategy that involves a different kind of plea, you should plead not guilty to the charges. You might instead plead guilty or no contest as part of a plea agreement, but you should discuss that option with your attorney before entering a plea.
Get Legal Help Today from Our Defense Lawyers for 18 Pa.C.S. § 270 Charges
Get help now in a free case review from our defense lawyers for 18 Pa.C.S. § 270 charges by calling Kenny, Burns & McGill at (215) 423-5500.
