Assault in Pennsylvania

If you or a family member has been arrested with an assault charge in Pennsylvania it is essential to retain an experienced criminal defense lawyer as soon as possible. The Commonwealth will vigorously pursue the charges against you and seek the maximum penalties. The arresting police officer and district attorney prosecuting your case are well trained and very experienced in convicting defendants charged with a PA assault.

I represented individuals charged with assault and reached resolutions favorable to the defendant. In fact, I recently won an aggravated assault trial that involved a deadly weapon and serious bodily injury. My client was found not guilty on all five criminal counts following a two day jury trial. If you need a PA assault lawyer call David Lampman for a free phone or office consultation; my number is 570-371-3737.

Pennsylvania Assault Grades & Penalties

Pennsylvania’s criminal code distinguishes assault crimes as simple assault and aggravated assault.

PA Simple Assault

Simple Assault is generally a second degree misdemeanor. However, it is reduced to a third degree misdemeanor if the defendant was in a fight or scuffle entered into by mutual consent. Conversely, the crime will be elevated to a misdemeanor of the first degree if the defendant is over 21 and the victim is a under the age of 12. 

In Pennsylvania a defendant can be found guilty of simple assault if a jury concludes that the accused:

  1. Attempted to cause or intentionally, knowingly, or recklessly caused bodily injury to another person;
  2. Negligently causing bodily injury to another person with a deadly weapon;
  3. Attempting by physical menace to put another person in fear or imminent serious bodily injury;
  4. Concealed or attempted to conceal a hypodermic needle and intentionally or knowingly penetrated a law enforcement officer or an officer or employee of a correctional institution, county jail or prison, detention facility or mental hospital during the course of an arrest or any search of the defendant.

PA Aggravated Assault

Under points i and ii below, aggravated assault is a first degree felony and carries a maximum of 20 years in prison.  All other types of aggravated assault are a second degree felony with a maximum of 10 years in prison. 

In Pennsylvania a defendant can be found guilty of aggravated assault if a jury concludes that the accused:

  1. Attempted to cause serious bodily injury to another, or caused such injury intentionally, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life;
  2. Attempted to cause or intentionally, knowingly or recklessly caused serious bodily injury to any of the officers, agents, employees or employee of an agency, company or other entity engaged in public transportation, while in the performance of duty ( police officer, firefighter, probation or parole officer, sheriff, jail or prison employee, district attorney, assistant district attorney, public defender, assistant public defender, emergency medical service personnel, parking enforcement officer);
  3. Attempted to cause or intentionally or knowingly caused bodily injury to any of the officers, agents, employees, or other persons enumerated above, in the performance of duty;
  4. Attempted to cause or intentionally or knowingly caused bodily injury to another with a deadly weapon;
  5. Attempted to cause or intentionally or knowingly caused bodily injury to a teaching staff member, school board member or other employee, including a student employee, of any elementary or secondary publicly-funded educational institution, any elementary or secondary private school licensed by the Department of Education of an elementary or secondary parochial school while acting in the scope of his or her employment or because of his or her employment relationship to the school;
  6. Attempted by physical menace to put any of the officers, agents, employees or other persons enumerated above while in the performance of duty, in fear of imminent serious bodily injury;
  7. Used tear or noxious gas or used an electric or electronic incapacitation device against any officer or other person enumerated above while acting in the scope of employment.

Call Pennsylvania criminal defense lawyer David Lampman today at 570-371-3737 if you need an experienced Pennsylvania assault lawyer. I understand that you probably have many questions about the law and the consequences that accompany an assault arrest. It is important for you to understand that assault is a serious crime in Pennsylvania with consequences that can severely complicate your life. The penalties include prison, restitution, expensive fines, and probation. Therefore, it is extremely important that you hire an experienced criminal defense attorney as soon as possible that is ready to fight for your rights and aggressively defend you.