Can Aggravated Assault Be Dropped?
If you or someone has been charged with aggravated assault, know that its a very serious crime in Pennsylvania. Many people who aren’t familiar with this type of crime might be wondering, “What’s aggravated assault?” Aggravated assault is when someone causes, or attempts to cause, intentional bodily harm to another person. When a person is charged with this crime and taken to trial, the prosecution will have to determine that the person who committed the crime acted recklessly, intentionally, or knowingly. People might ask, “What is an example of aggravated assault?” To get a better idea of what this type of assault is, we will provide an example. Hitting someone or threatening to hit someone using a weapon or another threatening item would be considered aggravated assault. So, how serious is aggravated assault? To find out how serious this type of assault is, we will include the charges and penalties for simple and aggravated assault in the state of Pennsylvania.
Simple Assault Charges/Penalties
- 2nd-Degree Misdemeanor: When you threaten someone verbally with bodily harm, then that will be considered a 2nd-degree misdemeanor. This penalty for this type of charge is of one or two years in prison and a $5,000 or higher fine.
- 1st-Degree Misdemeanor: A simple assault can go from a 2nd-degree to a 1st-degree misdemeanor if the victim of bodily harm is 12 years or younger. The penalty will be two and half years or five years in prison, with a fine of up to $10,000.
Aggravated Assault Charges/Penalties
- 2nd-Degree Felony: If you intentionally cause bodily harm, attempt to cause bodily harm, that is considered aggravated assault. With a 2nd-degree felony, someone will get five to 10 years in prison, and have to pay a fine of up to $25,000.
- 1st-Degree Felony: Aggravated assault goes from a 2nd-degree felony to a 1st-degree felony when the assault is brought against public servants and governments officials like police officers or public defenders. The penalty is 10 to 20 years in prison, with a fine of up to $25,000.
Many people want to know if aggravated assault charges can be dropped. The only way they could be dropped is if the prosecution can’t prove that the accused was not acting in self-defense. If they have proof that the accused was not acting in self-defense, then you they will most likely be charged.
Aggravated Assault Vs Simple Assault
Many people ask, “What are the different types of assault?” In Pennsylvania, there are two types of assaults, simple and aggravated. When someone learns that there are two different types of assault, they usually ask, “What is the difference between assault and aggravated assault?” Simple assault is when someone uses physical actions or words to threaten someone with bodily harm. An example of simple assault would be if someone said they were gonna to hit another person or they shook their fist in a threatening way at another person. Simple assault can also be when someone attempts to hurt someone but doesn’t make any contact with the other person. Simple assault is a misdemeanor charge, with prison time of up to two to five years and fines ranging from $5,000 to $10,000.
Aggravated assault is when someone knowingly or intentionally (and even attempts) to cause bodily harm to someone else. An example would be punching someone in the face. Aggravated assault are felony charges in Pennsylvania, with the charges going from a 2nd-degree to a 1st-degree felony when you cause bodily harm to firefighter, sheriff, district attorney, or person who works for the government or is a public servant. Prison time for aggravated can be anywhere from five to 20 years, with a fine of up to $25,000. So the difference is that aggravated assault is worse than simple assault.
Is Battery Worse Than Assault?
Every state looks at battery and assault differently. Some charge them as separate crimes, whereas some states merge them into one charge. Typically assault is classified as acting in a way where another person would feel threatened; assault doesn’t have to be physical. Battery is causing bodily harm without the consent of the other person. The definition of assault usually applies to simple assault, but when someone threatens and causes bodily harm to someone else, it can be considered aggravated assault or even battery. In Pennsylvania, there are no specific charges battery charges; battery is usually lumped in with assault charges. Based on the assault laws in Pennsylvania, battery isn’t worse than assault because battery is grouped with assault.
Aggravated Assault Bail
Contact Our Bail Bond Agents!
If you need bail for aggravated assault in Lebanon and Reading, PA, please call Bail Shop, LLC! We have bail services that will be able to get you released from jail quickly. Whether you need help with arrest warrants help or large cash bail bonds, our bail bondsmen are more than happy to work with you! Contact us at 888-224-5711 for more information about our bail bond services and how we can secure your release from jail on an aggravated assault charge.