When you are arrested in an
assault case the charges are often Aggravated and
Simple Assault.
Aggravated Assault is usually a
felony and will often entail time in jail while Simple Assault is a
misdemeanor and, under most circumstances, will only bring a sentence of probation.In
Pennsylvania there are different sets of circumstances that can bring a charge of
Aggravated Assault. Generally a person is arrested for
Aggravated Assault if the police believe that the
defendant attempted to cause serious bodily injury or caused such an injury intentionally, recklessly or knowingly under circumstances showing an extreme indifference to the value of human life. If a deadly weapon is involved
aggravated assault can be charged as stated above or the defendant caused or attempted to cause only bodily injury or did cause bodily injury with a deadly weapon.
Simple assault can be charged if a person attempts to cause or intentionally, knowingly, or recklessly causing bodily injury or negligently causing bodily injury with a weapon.When an attorney gets a case of
assault where the police charge both types of
assault a key factor is whether an injury is caused and the extent of that injury. Any injury which creates a great risk of death, disfigurement, or serious impairment will be grounds for
aggravated assault. If no injury is caused then the court will look to the intent and actions of the defendant.The attorney, in discussing the case with the District Attorney, argue that either the injury is not that serious and/or the defendant did not intend to cause a serious injury. He will therefore seek to have the
charge dropped to a simple assault and get a sentence of probation.
Of course the defense of self-defense is always a possibility depending on the circumstances. If the defendant acted to defend himself or a third person then he is not guilty. If the circumstances suggest that self-defense is a good possibility then the District Attorney can be talked into a charge of simple assault.
The information presented is not legal advice, and your use of it does not create an attorney-client relationship. No recipient should act on the basis of any content included in the site without seeking the appropriate legal advice from counsel. Lawrence R. Dworkin, Esq. expressly disclaims all liability in respect to actions taken based on any content of this site. Because every case is different, any prior results described on this web site do not guarantee or suggest a similar outcome.
