Getting accused of assault puts you in a stressful position because these cases move quickly and the penalties can be serious. Depending on what the police believe happened, you may be facing a misdemeanor or a felony with the possibility of jail time and significant fines.
At Penglase & Benson Inc., we take a close look at how the case was put together. We understand the evidence the Commonwealth relies on and know how to challenge it in court.
If you have been arrested or contacted by law enforcement, speak with a local defense attorney before saying anything. Our team is prepared to review the evidence and work toward a result that protects your future.
Being accused of assault means the State of Pennsylvania believes you caused, or attempted to cause, harm to another person. Courts look at:
These factors determine whether the case is handled as a misdemeanor or a felony and what penalties may be involved.
Simple assault charges in Pennsylvania are built around allegations that someone caused, or put another person at risk of, bodily injury.
Under the law, bodily injury means everyday physical harm such as bruises, cuts, swelling, or temporary pain. These injuries are minor in a medical sense, but the accusation still carries significant legal consequences because it suggests force was used in a way that caused pain or created a real risk of someone being hurt.
These cases often arise from quick, emotional situations. Examples include:
Once the police and prosecutors review the incident, the grading of the charge depends on the specific circumstances. They look at:
Each of these details affects not only how the case is charged but also the potential penalties and the strategy your lawyer will use to respond.
Pennsylvania recognizes three degrees of simple assault:
Third-Degree Misdemeanor (M3)
This applies when both people willingly entered a fight or scuffle. The law treats this as the least serious form of simple assault, and the maximum penalty is up to one year in jail and a $2,500 fine.
Second-Degree Misdemeanor (M2)
This is the standard simple assault charge. It applies when someone is accused of intentionally, knowingly, or recklessly causing bodily injury. The maximum penalty is up to two years in jail and a $5,000 fine.
First-Degree Misdemeanor (M1)
This charge is filed when an adult is accused of injuring a child under twelve. Because of the age of the alleged victim, the penalties increase. A conviction carries up to five years in jail and a $10,000 fine.
Even though these are misdemeanor offenses, they can still create long-term problems. A conviction may affect your job, professional licensing, custody matters, or immigration status. Speaking with a criminal defense attorney early gives you the chance to understand your options, address any misunderstandings in the police report, and protect your record while the case is still in its early stages.
First-Degree Misdemeanor (M1)
This charge is filed when an adult is accused of injuring a child under twelve. Because of the age of the alleged victim, the penalties increase. A conviction carries up to five years in jail and a $10,000 fine.
Even though these are misdemeanor offenses, they can still create long-term problems. A conviction may affect your job, professional licensing, custody matters, or immigration status. Speaking with a criminal defense attorney early gives you the chance to understand your options, address any misunderstandings in the police report, and protect your record while the case is still in its early stages.
What are Aggravated Assault charges?
Aggravated assault is treated as a much more serious offense under Pennsylvania law. Prosecutors are likely to file aggravated assault charges when:
Once prosecutors believe any of these factors are present, the charge moves out of the misdemeanor range and into felony territory, with penalties that can affect years of your life.
First-Degree Felony (F1)
An F1 charge reflects what Pennsylvania law considers the most severe form of aggravated assault. Prosecutors use this grading when they believe the accused caused serious bodily injury intentionally, knowingly, or in a way that showed extreme indifference to human life. A conviction can lead to as many as 20 years in state prison and fines of up to $25,000.
Second-Degree Felony (F2)
An F2 charge applies when someone intentionally or knowingly causes bodily injury to a protected person while they are performing their duties, or when a deadly weapon is used to injure another person. The potential penalty includes up to 10 years in prison and a $25,000 fine.
Although both of these charges fall under the umbrella of aggravated assault, the difference between them can determine whether you are exposed to a decade in custody or significantly less. A defense attorney familiar with Bucks County and Montgomery County courts can look closely at the evidence, identify weaknesses in the prosecution’s theory, and work toward reducing the grading or challenging the charge altogether.
Intentionally, knowingly, or recklessly causing bodily injury (e.g., bruises, swelling, soreness).
Simple Assault – Child Victim
M1 (First-Degree Misdemeanor)
Up to 5 years in jail and $10,000 fine
Adult (18+) injures a child under 12. Considered more serious due to the victim’s age.
Aggravated Assault – Serious Bodily Injury
F1 (First-Degree Felony)
Up to 20 years in prison and $25,000 fine
Causing or attempting to cause serious bodily injury intentionally, knowingly, or with extreme indifference to life. May involve a deadly weapon.
Aggravated Assault – Protected Person or Deadly Weapon
F2 (Second-Degree Felony)
Up to 10 years in prison and $25,000 fine
Bodily injury caused to a police officer, firefighter, teacher, or similar protected person while on duty, or use of a deadly weapon causing bodily harm.
What to Expect If You’ve Been Charged with Assault in Bucks County or Montgomery County
Understanding how the criminal process unfolds after you’ve been charged with assault helps you recognize the factors that can strengthen your defense and the ones that can make matters worse. Here’s what to expect at each stage and what to do to protect yourself.
Located in Doylestown, Bucks County, our law firm includes criminal defense attorneys who have served as prosecutors and legal educators. We have represented many clients across Bucks and Montgomery Counties and understand what it takes to pursue the best possible outcome in assault cases.
Here are the defense strategies our team may use when you contact Penglase & Benson after an arrest or assault allegation:
If you are facing assault charges in Bucks or Montgomery County, contact our criminal defense team for a free consultation. We will evaluate your situation, explain your options, and begin building a defense strategy designed to protect your record and your future.
Stay calm and do not argue with the police officer. Anything you say can be used against you. Ask to contact your criminal defense attorney at Penglase & Benson before answering any questions or signing any statements.
Yes. Depending on the evidence, your attorney can negotiate to have the charges reduced from aggravated assault to simple assault, or from a felony to a misdemeanor. Dismissal is possible if the evidence is weak or your actions were justified by self-defense.
Simple assault usually involves temporary bodily injury or physical pain, while aggravated assault involves serious bodily injury, a deadly weapon, or harm to a protected person such as a police officer or firefighter. Aggravated assault is treated as a felony and carries far heavier penalties.
Not always. If you have no prior criminal record, your defense attorney can argue for probation, diversion programs, or other alternatives to jail. Sentencing depends on the degree of the offense and the circumstances of the incident.
