Assault is a relatively common criminal offense, but it can be very serious. While charges for simple assault are a bit less severe, aggravated assault is a felony punishable by lengthy prison terms. How long you could be incarcerated for assault will vary based on your charges, and you should get help from a lawyer immediately.
How long a convicted defendant spends in jail for assault depends on how they are charged. Simple assault may be graded as a misdemeanor, while aggravated assault is often a felony. As such, a person convicted of simple assault will likely spend much less time behind bars than someone convicted of aggravated assault. In general, a misdemeanor assault charge may be punishable by several years in jail. Aggravated assault, however, may be met with a decade or longer in prison.
Get help now from our Philadelphia criminal defense attorneys by calling Kenny, Burns & McGill at (215) 423-5500 and asking for a free, private case evaluation.
How Long is a Jail or Prison Sentence for Assault in Pennsylvania?
A term of incarceration may be imposed under strict sentencing guidelines, but judges may have some discretion regarding minimum and maximum terms. As such, incarceration for assault charges is often similar but not exactly the same across different criminal cases.
Simple Assault
Simple assault is usually charged as a first or second-degree misdemeanor offense and is not as severe as its felonious counterpart, aggravated assault. Even so, a person convicted of simple assault could face several years in jail.
A second-degree misdemeanor charge could result in 2 years in jail, while a first-degree misdemeanor charge could result in 5 years. Remember, your exact sentence may be influenced by the specific facts of your case and how they fit into the sentencing guidelines used by the judge.
Aggravated Assault
Charges for aggravated assault are much more severe and will result in much longer prison terms. Typically, aggravated assault may be charged as a felony of the first or second-degree, depending on the circumstances. A first-degree felony may be punished with up to 20 years in prison, while a second-degree felony may be punished with up to 10 years. Again, your exact sentence could vary somewhat based on how the sentencing guidelines apply to the facts of your case.
How Can I Reduce the Possible Prison or Jail Time for Assault?
While sentencing might feel like it is completely out of your control, there may be steps you and your attorney can take to try to reduce your potential jail or prison term.
Plea Agreements
If the evidence against you appears overwhelming and the prosecutor is likely to secure a conviction, we may consider negotiating a plea agreement in which you would plead guilty, waive your right to a trial, and receive a more lenient sentence. Plea agreements are not guaranteed, and they may be offered at the prosecutor’s discretion.
Fight the Charges in Court
It is also possible, and your right, to fight the charges in court in the hopes of getting an acquittal. This may be the way to go if our Montgomery County, PA criminal defense attorneys believe the evidence against you is weak and can be successfully challenged in court.
Sentencing Guidelines
We may instead look to the sentencing guidelines. These guidelines must be used by the judge when imposing a sentence, and they are intended to ensure fair and consistent sentencing throughout the justice system. If the guidelines give the judge any discretion to impose a more lenient sentence, we can urge the judge to do so.
FAQs About Jailtime for Assault Charges in Pennsylvania
How Long Can Someone Convicted of Assault Be Sentenced to Prison or Jail?
Simple assault charges may be graded as a misdemeanor of the third, second, or first degree, depending on the circumstances, and punished by a jail term of up to 1, 2, or 5 years, respectively. Aggravated assault may be charged as a felony of the second or first degree and punished by up to 10 or 20 years in prison, respectively.
Is Incarceration for Assault Always Long in Pennsylvania?
Not necessarily. Aggravated assault charges tend to lead to much longer prison sentences than simple assault. A relatively minor instance of simple assault might only lead to a year in jail. While 12 months behind bars is not ideal, it is far less than the decades someone could be incarcerated on felony charges for aggravated assault.
Can I Reduce My Sentence for Assault?
Possibly. Sentencing is imposed by the judge and is based on how the facts of your case fit within the Pennsylvania Sentencing Guidelines. It may be possible to work with prosecutors to reach a plea agreement in which your charges are reduced in exchange for a guilty plea. This may be a good way to shorten the possible sentence, although plea agreements are not guaranteed and are not the same for everyone.
Should I Fight Assault Charges in Court or Accept a Plea Agreement?
Plea agreements may be worth considering if the evidence against you is overwhelming, and a conviction in court is highly likely. If you are going to be found guilty, you might as well plead guilty to reduced charges with more lenient penalties. However, if the evidence is weak and we can challenge it, it might be best to pursue an acquittal in court.
Can I Be Released from Jail or Prison Early After Being Sentenced for Assault?
Maybe. Depending on your sentence and whether there is a mandatory minimum period you must remain incarcerated, you may be eligible for early release. While good behavior in prison or jail can help you secure early release or parole, we should also review the terms of your sentence to determine the earliest possible release date.
Is Prison or Jail Time for Assault the Same for All Convicted Defendants?
Yes and no. Everyone is sentenced under the same guidelines, but the specific facts and circumstances of each case may lead to slightly different outcomes. The judge may have a certain degree of discretion in your sentence and may consider the specific aggravating and mitigating factors during sentencing. If your sentence deviates too far from the sentencing guidelines, we may need to challenge it in a post-trial motion or a direct appeal.
How Do I Know What Kind of Incarceration I Might Face if Convicted for Assault?
You should speak to your attorney about your specific charges to get an idea of how long you might have to be incarcerated if you are convicted. We must consider what the Pennsylvania sentencing guidelines say, in addition to things like early release or parole.
Contact Our Pennsylvania Criminal Defense Attorneys for Help Now
Get help now from our Bucks County, PA criminal defense attorneys by calling Kenny, Burns & McGill at (215) 423-5500 and asking for a free, private case evaluation.
