Assault
If you have been charged with Simple Assault or Aggravated Assault, you should be familiar with the statute. Each subsection of this statute is a different way the prosecution can prove that someone committed Simple Assault or Aggravated Assault.
Simple Assault
(a) Offense defined: Except as provided under section 2702 (relating to aggravated assault), a person is guilty of assault if he:
attempts to cause or intentionally, knowingly or recklessly causes bodily injury to another;
negligently causes bodily injury to another with a deadly weapon;
attempts by physical menace to put another in fear of imminent serious bodily injury; or
conceals or attempts to conceal a hypodermic needle on his person and intentionally or knowingly penetrates a law enforcement officer or an officer or an employee of a correctional institution, county jail or prison, detention facility or mental hospital during the course of an arrest or any search of the person.
(b) Grading: Simple assault is a misdemeanor of the second degree unless committed:
in a fight or scuffle entered into by mutual consent, in which case it is a misdemeanor of the third degree; or
against a child under 12 years of age by a person 18 years of age or older, in which case it is a misdemeanor of the first degree.
Aggravated Assault
(a) Offense defined: A person is guilty of aggravated assault if (s)he:
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attempts to cause serious bodily injury to another, or causes such injury intentionally, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life;
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attempts to cause or intentionally, knowingly or recklessly causes serious bodily injury to any of the officers, agents, employees or other persons enumerated in subsection (c) or to an employee of an agency, company or other entity engaged in public transportation, while in the performance of duty;
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attempts to cause or intentionally or knowingly causes bodily injury to any of the officers, agents, employees or other persons enumerated in subsection (c), in the performance of duty;
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attempts to cause or intentionally or knowingly causes bodily injury to another with a deadly weapon;
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attempts to cause or intentionally or knowingly causes bodily injury to a teaching staff member, school board member or other employee, including a student employee, of any elementary or secondary publicly-funded educational institution, any elementary or secondary private school licensed by the Department of Education or any elementary or secondary parochial school while acting in the scope of his or her employment or because of his or her employment relationship to the school;
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attempts by physical menace to put any of the officers, agents, employees, or other person enumerated in subsection (c), while in the performance of duty, in fear of imminent serious bodily injury;
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uses tear or noxious gas as defined in section 2708(b) or uses an electric or electronic incapacitation device against any officers, agents, employees or other persons enumerated in subsection (c) while acting in the scope of his employment;
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attempts to cause or intentionally, knowingly or recklessly causes bodily injury to a child less than six years of age, by a person 18 years of age or older; or
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attempts to cause or intentionally, knowingly or recklessly causes serious bodily injury to a child less than 13 years of age, by a person 18 years of age or
(b) Grading:
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Aggravated assault under subsection (a) (1), (2), and (9) is a felony of the first degree.
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Aggravated assault under subsection (a) (3), (4), (5), (6), (7), and (8) is a felony of the second degree.
Contact Us
If you have been charged with Simple or Aggravated Assault in Chester County or Delaware County, contact Sheridan Lawyers today at 484-653-0774 .