Firm Logo
Call for a Free Consultation215-486-0123
simple assaultsimple assault

When Does Simple Assault Become Aggravated? Factors That Upgrade Charges in Pennsylvania

August 16, 2023

simple assaultsimple assault

In the realm of criminal law in Pennsylvania, distinguishing between simple assault and aggravated assault is crucial. These two offenses carry significantly different consequences, with aggravated assault being a more severe crime. Understanding the factors that can upgrade a simple assault charge to aggravated assault is crucial, both for individuals facing potential charges and for those seeking to navigate the legal landscape. This article aims to shed light on these factors and provide clarity on when simple assault becomes aggravated in Pennsylvania.

Simple Assault vs. Aggravated Assault: The Basics

Before delving into the factors that can upgrade a simple assault charge to aggravated assault, it's essential to grasp the fundamental differences between these two categories of assault.

  • Simple Assault: In Pennsylvania, simple assault is generally classified as a misdemeanor of the second degree. It involves causing or attempting to cause bodily injury to another person, negligently causing injury with a deadly weapon, or putting someone in fear of imminent serious bodily harm.
  • Aggravated Assault: Aggravated assault, on the other hand, is a more severe charge and is classified as a felony. It typically involves more serious forms of violence, such as causing serious bodily injury to another person intentionally, recklessly, or under certain specific circumstances, such as assaulting a law enforcement officer.

Factors Leading to Aggravated Assault Charges:

1. Serious Bodily Injury

One of the primary factors that can elevate a simple assault charge to aggravated assault is the extent of the injury caused. When the victim sustains a serious bodily injury, it changes the nature of the offense. Serious bodily injury refers to injuries that are life-threatening, cause disfigurement, or result in a substantial risk of death. If the prosecution can prove that the defendant intentionally caused such injuries, the charge may be upgraded to aggravated assault.

2. Use of Deadly Weapons

The use of a deadly weapon is another key factor that can result in aggravated assault charges. If the defendant used a weapon such as a firearm, knife, or any other object capable of causing death or serious injury during the assault, the offense becomes aggravated. Even if the victim does not suffer severe injuries, the mere use of a deadly weapon can lead to more severe charges.

3. Assault on Protected Individuals

Assaulting certain individuals, such as law enforcement officers, emergency responders, or public officials, can also lead to an upgrade in charges. Pennsylvania law takes a strong stance against assaulting these individuals who are in the line of duty. Assaulting a protected individual is considered aggravated assault and can result in harsher penalties.

4. Recklessness Leading to Injury

In some cases, simple assault can be upgraded to aggravated assault if the defendant acted recklessly and caused serious injury. This implies that the defendant didn't necessarily intend to cause harm but acted in a way that showed a conscious disregard for human life or safety. If this recklessness results in severe injuries, the charge can be elevated.

5. Criminal Intent to Commit Another Felony

If the defendant had the criminal intent to commit another felony, such as robbery or burglary, and an assault occurred during the commission of that felony, the assault charges can be upgraded to aggravated assault. This demonstrates that the defendant's actions were part of a broader criminal scheme.

6. Victim's Age: If the victim is under the age of 6 and the defendant is 18 years of age or older, an assault on the child can lead to aggravated assault charges, regardless of the severity of the injuries inflicted. This provision reflects the state's commitment to protecting vulnerable individuals.

7. Location of the Assault: The location where the assault occurs can also be a determining factor. For instance, if the assault takes place in a school zone, on public transportation, or in a correctional facility, it may lead to an aggravated assault charge.

Penalties for Aggravated Assault

Understanding the consequences of aggravated assault is crucial. In Pennsylvania, aggravated assault is generally classified as a felony, which carries significantly harsher penalties compared to simple assault. Penalties can include substantial fines and lengthy prison sentences. Moreover, a conviction for aggravated assault may lead to a permanent criminal record, impacting one's future employment and housing prospects.

Key Takeaway:

In Pennsylvania, the line between simple assault and aggravated assault can be thin, but the consequences are starkly different. It is essential to recognize the factors that can lead to the upgrade of simple assault charges to aggravated assault. Understanding these factors is critical for both legal professionals and individuals facing assault charges. If you or someone you know is facing aggravated assault charges in Pennsylvania, seeking legal counsel from experienced attorneys, such as van der Veen, Hartshorn, Levin & Lindheim, is imperative to navigate the complex legal landscape and protect your rights.

Contact van der Veen, Hartshorn, Levin & Lindheim Today for a Free Consultation About Your Assault Charges

Facing assault charges can be a daunting experience, but you don't have to go through it alone. At van der Veen, Hartshorn, Levin & Lindheim, we understand the complexities and seriousness of assault cases in Pennsylvania. Our dedicated team of experienced attorneys is here to provide you with unwavering support and expert legal representation.

With a proven track record of successfully defending clients in assault cases, we have the knowledge and resources to navigate the intricacies of the legal system. We'll work tirelessly to protect your rights, explore all possible defenses, and strive for the best possible outcome in your case.

Don't let an assault charge define your future. Contact us today for a confidential consultation. Our commitment to your defense is unwavering, and we'll stand by your side every step of the way.

Firm Logo
Allentown Office609 Hamiltion St,Suite 7Allentown, PA 18101Map & Directions
Philadelphia Office1219 Spruce StPhiladelphia, PA 19107Map & Directions
Montgomery County Office411 Cherry St.Norristown, PA 19401Map & Directions
Follow Us
Make A Payment