Assault Charges: Understanding the Different Types

Assault is one of the more serious crimes a person can be charged with. In Pennsylvania, the penalties for those convicted of assault can be significant, including monetary fines, probation, or even a jail sentence of up to 20 years, depending on the severity of the charges. If you have been charged with assault, it is crucial that you develop a strong legal defense, whether you are guilty or innocent. If you did commit the crimes with which you are charged, speaking to an attorney can potentially help you get a reduced sentence or lesser charges. If you are innocent, having an experienced attorney to represent you in court is your best chance of proving your innocence and having the charges dropped.

The first step in mounting a legal defense is understanding the nature of the charges against you. As a criminal defense attorney for more than 30 years, Mark D. Hauser has helped countless clients better understand the crimes they have been charged with and has helped them defend themselves in court. When it comes to assault, there are several different types, and the nature of the incident that led to your arrest can absolutely affect your trial and sentencing. Here is an overview of the various types of assault charges:

Simple Assault

This charge may be filed in any circumstance in which a person causes or attempts to cause bodily harm to another person, whether they did so intentionally or through their reckless actions. Harm caused by the negligent handling of a deadly weapon may also be considered simple assault, as can threatening to cause harm through verbal or physical intimidation. This can include brandishing deadly weapons at another person. Near Philadelphia, we also offer a Delaware County criminal defense attorney to help you fight assault cases.

Aggravated Assault

This charge is defined in a similar manner to simple assault but with the addition that the harm caused is more serious or was caused under circumstances that show extreme indifference to the value of human life. Aggravated assault can also involve deadly weapons. If a person intentionally, knowingly, or recklessly causes harm with a deadly weapon, they may be charged with aggravated assault. They may also be charged in this manner if they point a firearm at another person, whether or not they believe the weapon to be loaded. In addition, assault against certain individuals, like police officers or EMTs, will be considered aggravated assault.

In Pennsylvania, aggravated assault is classified as either a first-degree felony (F1) or a second-degree felony (F2) based on the severity of the offense and the victim involved. Here's the key difference:

First-Degree Felony (F1) Aggravated Assault

• More serious charge
  
  

• Typically involves an attempt to cause serious bodily injury or actually causing such injury intentionally, knowingly, or recklessly
  
  

• Can also apply if a deadly weapon was used
  
  

• Includes assaults on law enforcement, firefighters, teachers, judges, or other protected officials
  
  

• Penalties: Up to 20 years in prison and heavy fines
  

Second-Degree Felony (F2) Aggravated Assault

• Less severe than F1 but still serious
  
  

• Involves attempting or causing bodily injury (but not "serious bodily injury") with a deadly weapon
  
  

• Could also include harming certain public servants
  
  

• Penalties: Up to 10 years in prison and fines
  

The main difference is that F1 involves serious bodily injury (or intent to cause it), while F2 involves bodily injury with a weapon or injury to specific individuals.

Verbal Assault

While there is a lot of gray area, certain statements can be considered assault, whether they are conveyed verbally or through text. If these statements cause a person to be in fear of imminent bodily harm or offensive contact, the person making them could be charged with assault.

Battery

You’ve probably heard the term “assault and battery,” but you may not know that these are two separate charges. Assault can include placing a person in fear of imminent physical harm, while battery includes actual physical contact that causes bodily injury. In Pennsylvania, incidents of battery are sometimes handled as a civil matter, making the defendant liable for the plaintiff’s medical bills, lost wages, and other damages, but it can also be a criminal charge.

Domestic Violence

Incidents of assault involving a spouse, relative, or partner can be considered domestic violence and may be charged differently than other types of assault.

When charged with assault, there are many ways in which a lawyer may be able to defend you. For example, if you were defending yourself or others from physical harm, your charges may be dropped. In other cases, the police may have violated your rights during your arrest, interrogation, or when collecting evidence. You may also be able to prove that you never intended to harm the other person, or even that they consented to the physical interaction.

As your assault defense attorney, Mark Hauser will draw on his experience in Philadelphia courts to provide the best possible defense for your specific situation. Get in touch with him today by calling (267) 584-4093 if you need an assault lawyer in Philadelphia or other communities in the area.