Simple Assault

Simple Assault in Pennsylvania – What You Need to Know

Simple assault in Pennsylvania is basically punching, pushing, shoving, or otherwise engaging in physical contact with another person unlawfully. However, it can encompass other criminal activity such as “menacing” or mutual combat scenarios. Although the statute may seem simple, there are nuances to Simple Assault that your attorney can exploit to get the best possible result for you. You should also be fully aware of the consequences of pleading guilty to simple assault prior to making the decision to do so (or going to trial).

First, simple assault is codified under Title 18 § 2701 and is most commonly charged with three (3) subsections: (1) attempts to cause or intentionally, knowingly or recklessly causes bodily injury to another; (2) negligently causes bodily injury to another with a deadly weapon; or (3) attempts by physical menace to put another in fear of imminent serious bodily injury.

Simple assault is typically graded as a second-degree misdemeanor, the maximum penalty being 1-2 years in jail. If the simple assault is committed on an individual younger than 12 years old, it is upgraded to a first degree misdemeanor, the maximum penalty being 2.5-5 years in jail. If you engaged in a “mutual fight” with someone, it should properly be graded as a third-degree misdemeanor, the maximum penalty being 6-12 months in jail.

Some nuances to simple assault:

(1)    No injury is required. Contrary to popular belief, it generally doesn’t matter for the purpose of a simple assault charge if the complaining witness was injured, depending on the subsection. If you are charged with 2701(a)(1) or (3) no injury needs to be shown.

(2)    Fighting someone is a crime, even if mutual.

(3)    Simple assault is often paired with disorderly conduct, harassment, and aggravated assault. A skilled attorney can use this to his/her advantage to get a better offer for your case.

(4)    Depending on the county, you may or may not be eligible for ARD or accelerated rehabilitative disposition – a Pennsylvania program allowing individuals to dismiss their charges.

(5)    Pointing a gun at someone, even if unloaded, is technically enough for a simple assault conviction.

Some common questions regarding simple assault:

How will a simple assault effect custody of my children?

If you are engaged in a custody battle, simple assault can complicate it. In April of 2024, a law was passed which creates a presumption that a parent with a Simple Assault conviction will only be allowed supervised visits, indefinitely. The procedure for the local government to revoke parental rights is complicated, however, and the local government authorities would generally require more than a simple assault conviction to remove custody of your children.

Is simple assault a Megan’s Law Offense?

No.

Can I own a gun with just a simple assault charge?

Probably. However, you should be careful. You should not apply for a gun and it would be unwise to do so. There is a gray area in the law in regard to gun ownership in Pennsylvania for those convicted of simple assault charges. Furthermore, if you have a simple assault charge and the complaining witness was a former spouse/partner, you may be precluded from possessing a weapon especially if you have an active PFA against you.

Simple assault is not an “enumerated felony” per Pennsylvania crimes code 6105.

Can I get Simple Assault expunged (as of 2024)?

No, but you may be able to apply to get the records “sealed” from the public. Sealing is not the same as expungement, but it is a close alternative and allows you to hide a blemish on your record for better job, school, or housing opportunities.

What are some litigation strategies to avoid a simple assault conviction?

You or your lawyer can argue for a reduction in the charge – maybe a disorderly conduct or a harassment summary charge. You also may be able to complete some community service to show the court you are making changes to your lifestyle to hope for a better outcome. The best strategy for you is to get a lawyer and make the appropriate steps to face the charge in court.

I was drunk! Can I still be convicted of simple assault?

Yes. Pennsylvania law generally makes no difference whether an individual was intoxicated or not. For a simple assault charge, it doesn’t matter if the defendant was intoxicated.