Simple Assault vs. Aggravated Assault

Simple Assault

In Pennsylvania, simple assault is defined as when someone attempts to cause or intentionally, knowingly or recklessly causes bodily injury to another; negligently causes bodily injury to another with a deadly weapon or attempts by physical menace to put another in fear of eminent serious bodily injury.  Simple assault is usually classified as a second degree misdemeanor in Pennsylvania, which is punishable by up to two years in prison. However, if the simple assault was during a consensual fight, then it is a third degree misdemeanor and is punishable by up to only one year in prison. If the assault involves a child under the age of 12, it is a first degree misdemeanor in Pennsylvania and can result in a sentence of up to 5 years in prison.

Aggravated Assault

Aggravated assault is defined as when someone attempts to cause or intentionally, knowingly or recklessly causes serious bodily injury; attempts to cause or intentionally, knowingly or recklessly causes injury to a to a police officer, probation officer or other court related official or attempts to cause or intentionally, knowingly or recklessly causes serious bodily injury with a deadly weapon. In Pennsylvania aggravated assault can either be a second degree felony punishable up to 10 years in prison or a first degree felony punishable up to 20 years in prison.

Common defenses to both simple assault and aggravated assault include:

• Self-defense
• Lack of intent / knowledge
• No bodily injury
• Age
• Provocation
• Insanity
• Intoxication  (does not include voluntary intoxication)