Simple vs Aggravated Assault: What’s the Difference?

If you’re facing assault charges, chances are you’re accused of “simple” or “aggravated” assault. Although these crimes are similar, there are key differences in how each charge is defined–and the penalties you face if you’re found guilty. But what are the differences between simple assault and aggravated assault, and why does the distinction matter? Let’s consider the nuances below.

Are you facing assault charges in PA? For representation by experienced assault attorneys in PA, call the LLF Law Firm at 888.535.3686 or tell us about your case online.

What Is Simple Assault?

According to PA criminal code, simple assault is knowingly or carelessly harming–or attempting to injure–another. Meaning, even if there’s no actual physical injury inflicted, it’s enough to attempt to harm or make another person fear for their safety to potentially trigger assault charges. Examples of conduct which may be considered simple assault include:

• Punching or shoving
• Kicking
• Spitting
• Accidental injury with a deadly weapon
• Attempt to conceal a hypodermic needle with the intent to injure

Common scenarios that may lead to simple assault charges include street fights, brandishing a weapon, or when there is an altercation resulting in injuries, but no serious, long-term, or life-changing harm.

Penalties for Simple Assault

Simple assault in PA is usually a second-degree misdemeanor, which is punishable by a $5,000 fine and/or up to two years in jail. There are two notable exceptions:

• Assault against a child under 12 by an adult is a first-degree misdemeanor with a maximum penalty of up to $10,000 and five years’ imprisonment.
• Assault by mutual consent, i.e., a fight willingly undertaken by both parties, is a third-degree misdemeanor with penalties up to 12 months in jail and/or $2,500 fines.

What Is Aggravated Assault?

Aggravated assault is defined in PA criminal law as causing, or attempting to cause, serious injuries and showing a reckless disregard for human life. While there’s no clear definition of serious injury, it typically means physical injuries that are severe, potentially life-threatening, or likely to cause long-term disability or disfigurement, such as inflicting chemical burns. Other examples include:

• Deliberate use of a firearm
• Deliberate use of a knife
• Using a stun gun or tear gas on officers acting in the line of duty
• Hitting someone with a heavy object, e.g. a bat or hammer

It’s also aggravated assault to harm or attempt to harm certain officers, such as firefighters and police officers, acting in the line of duty–regardless of the level of injury.

Penalties for Aggravated Assault

Aggravated assault is always a first or second-degree felony, depending on the nature of the charges. Aggravated assault against a police officer, for example, is a first-degree felony.

Felony charges can lead to significant penalties, including up to 20 years in jail, a $25,000 fine, and a permanent criminal record.

Simple vs. Aggravated Assault: Key Differences

There are subtle but key differences between simple and aggravated assault. Most importantly, however, simple assault is usually a misdemeanor, while aggravated assault is a felony. But distinctions aside, in all cases, the penalties can be life-changing, which is why you need the experienced attorneys at the LLF Law Firm on your side.

Tell the LLF Law Firm Criminal Defense Team about your case online or by calling 888.535.3686. Don’t delay in securing the representation you need and deserve at this challenging time.