Crimes of assault are very serious. Even if not sentenced to jail time, a conviction of an assault crime can have a significant impact, not just on employment, but may also limit your ability to gain employment, or even participate in functions at your child’s school.
Below are a list of some of the crimes that qualify as assault, and the penalties associated with each offense.
Simple Assault 18 Pa.C.S. § 2701 is defined as: “Except as provided under 2702 (relating to aggravated assault), a person is guilty of assault if he:
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(1) attempts to cause or intentionally, knowingly or recklessly causes bodily injury to another;
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(2) negligently causes bodily injury to another with a deadly weapon;
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(3) attempts by physical menace to put another in fear of imminent serious bodily injury; or
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(4) 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.
Generally, Simple assault is a Misdemeanor of the second degree carrying a maximum penalty of 2 years in Jail and a $5,000.00 fine. Mutual consents fights are Misdemeanors of the 3rd degree and carry a maximum penalty of 1 year in jail, and a $2,500.00 fine. Assaults of children under 12 by persons over 18 are Misdemeanors of the first degree and carry a maximum penalty of 5 years in jail and a $10,000.00 fine.
Aggravated Assault 18 Pa.C.S. § 2702 “a person is guilty of aggravated assault if he:
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(1) attempts to cause serious bodily injury to another, or causes such injury intentionally, knowingly or recklessly under such circumstances manifesting extreme indifference to the value of human life;
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(2) 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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(3) 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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(4) attempts to cause or intentionally or knowingly causes bodily injury to another with a deadly weapon;
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(5) 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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(6) attempts by physical menace to put any of the officers, agents, employees or other persons enumerated in subsection (c), while in the performance of duty, in fear of imminent serious bodily injury;
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(7) uses tear or noxious gas as defined in section 2708(b) (relating to use of tear or noxious gas in labor disputes) or uses an electric or electronic incapacitation devise against any officer, employee or other person enumerated in subsection (c) while acting in the scope of his employment;
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(8) 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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(9) 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 older.
Aggravated assault is graded as either a first or second degree Felony and has a maximum punishment of 20 years in jail and a $25,000.00 fine.
