The difference between simple and aggravated assault in Pennsylvania hinges on the severity or intended severity of the injury. Contrary to common belief, actual physical harm is not a prerequisite for an assault charge; the intent to inflict bodily or serious bodily injury suffices. The prosecution can establish this through direct or circumstantial evidence. For instance, firing warning shots with threats can lead to aggravated assault charges, even if there was no physical harm made. Indicating an intent to cause serious harm can be enough to bring aggravated assault charges against someone.

Simple assault, a misdemeanor, involves causing or attempting to cause bodily harm, punishable by up to two years in prison, with harsher sentences for offenses against children under 12.

Aggravated assault, a felony, involves causing or intending to cause serious harm that risks death, disfigurement, or loss of body function. It covers attacks on police officers or the use of deadly weapons, with sentences reaching up to 10 or 20 years for second-degree and first-degree felonies, respectively.

Having an assault charge can permanently affect your criminal record and pose serious threats to your career options and legal rights. Navigating these charges demands an experienced criminal defense attorney who can unearth potential defenses such as self-defense, lack of intent, or provocation. The circumstances of the incident, including who was the aggressor and the nature of the altercation, are critical. A skilled assault defense attorney can challenge the charges, potentially leading to reduced or dismissed charges, especially if justified actions can be demonstrated.

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