Simple Assault vs. Aggravated Assault in Pennsylvania: What’s the Difference?

As a criminal defense attorney with over 30 years of experience, I’ve helped clients across Pennsylvania navigate both misdemeanor and felony assault charges. Here's what you need to know.

🔹 What Is Simple Assault in Pennsylvania?

Under 18 Pa. C.S. § 2701, Simple Assault typically involves an attempt to cause or intentionally causing bodily injury to another person. This can include:

• Punching, slapping, or kicking someone

• Threatening someone with physical harm

• Causing injury through negligence with a deadly weapon

• Attempting to injure a law enforcement officer or public employee (without causing serious harm)

Classification: Usually charged as a second-degree misdemeanor, punishable by up to 2 years in prison and fines. However, it can rise to a first-degree misdemeanor if the alleged victim is a child under 12 and the defendant is over 18.

🔹 What Is Aggravated Assault in Pennsylvania?

Aggravated Assault is covered under 18 Pa. C.S. § 2702 and involves more serious bodily injury, intent, or harm to protected classes of individuals.

Key elements include:

• Intentionally causing serious bodily injury to another

• Causing injury with an extreme indifference to human life

• Assaulting police officers, teachers, firefighters, or judges

• Using a deadly weapon during the assault

Classification: Aggravated Assault is a felony offense. Depending on the facts, it may be charged as a first-degree felony (up to 20 years in prison) or a second-degree felony (up to 10 years in prison).

🔹 Key Differences Between the Two

FeatureSimple AssaultAggravated AssaultInjury LevelBodily injury or attemptSerious bodily injuryWeapon UseMay involve a weaponOften involves a deadly weaponIntentReckless or intentionalIntentional or extreme indifferenceCharge LevelMisdemeanorFelonyMaximum Penalty2–5 years10–20 years

🔹 Defending Assault Charges in Pennsylvania

Every case is unique, and the prosecution must prove every element beyond a reasonable doubt. As your defense attorney, I will:

✅ Examine self-defense or mutual combat arguments
✅ Challenge the credibility of witnesses
✅ Investigate whether the alleged injuries meet the legal definition of “serious”
✅ Work to reduce charges from aggravated to simple — or get them dismissed entirely

🔹 Speak With a Skilled Defense Lawyer Today

If you’re being investigated or charged with assault in Pennsylvania, the consequences can be serious — but you don’t have to face them alone.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.