Simple Assault vs. Aggravated Assault in Pennsylvania: What Luzerne County Defendants Need to Know

If you or someone you know has been charged criminally with assault in Luzerne County, it's important to understand the difference between simple assault and aggravated assault. Both are serious charges, but the consequences vary significantly.

Simple Assault in Pennsylvania

• Under 18 Pa.C.S. § 2701, a person may be charged with simple assault if they:
• Intentionally, knowingly, or recklessly cause bodily injury to another person;
• Negligently cause bodily injury with a deadly weapon;
• Attempt by physical menace to put someone in fear of imminent serious bodily injury; or
• Conceal a hypodermic needle and intentionally use it to penetrate a law enforcement officer during an arrest or search.

Simple Assault Penalties

• Usually graded as a misdemeanor of the second degree, punishable by up to 2 years in prison and fines.
• In certain circumstances (e.g., mutual fight), it can be downgraded to a third-degree misdemeanor.
• If the victim is under 12 years old and the defendant is 18 or older, it may be charged as a first-degree misdemeanor.

Aggravated Assault in Pennsylvania

Aggravated assault is governed by 18 Pa.C.S. § 2702 and involves more serious conduct. A person may be charged with aggravated assault if they:

• Cause or attempt to cause serious bodily injury intentionally, knowingly, or recklessly under circumstances showing extreme indifference to human life;
• Assault certain protected individuals (such as police officers, teachers, firefighters, or judges) while they are performing their duties;
• Use a deadly weapon to cause or attempt to cause bodily injury.

Aggravated Assault Penalties

• Aggravated assault is generally a felony, with penalties that can include up to 10 or even 20 years in prison, depending on the grading.
• Because it's a felony, it also carries long-lasting consequences like a permanent criminal record, difficulty securing employment, and restrictions on firearm ownership.

Key Differences Between Simple Assault and Aggravated Assault

The main distinctions between the two charges are:

1. Level of Harm:
   • Simple assault involves bodily injury (pain or impairment).
   • Aggravated assault requires serious bodily injury (risk of death, permanent disfigurement, or loss/impairment of a body function).
2. Intent and Circumstances:
   • Simple assault can stem from reckless or negligent conduct.
   • Aggravated assault often requires intentional conduct or extreme recklessness, especially when deadly weapons or protected classes of victims are involved.
3. Severity of Penalties:
   • Simple assault = misdemeanor (shorter jail time, smaller fines).
   • Aggravated assault = felony (long prison sentences, harsher collateral consequences).

Why This Matters

Being charged with either offense is serious, but the difference between a misdemeanor and a felony can change the entire course of a person's life. If you or a loved one is facing assault charges, it's critical to consult an experienced criminal defense attorney who understands the nuances of Pennsylvania law and can build the strongest possible defense.

Contact Sklarosky Law Today

If you or a loved one is facing simple or aggravated assault charges in Wilkes-Barre, Hazleton, Pittston, Kingston, Nanticoke, or anywhere in Luzerne County, do not face the criminal justice system alone.

Call Sklarosky Law at (570) 283-1200 or use our online contact form to discuss your case.

Criminal charges can have life-altering consequences. Let us protect your rights, your record, and your future.