If you have been charged with Simple Assault, you should be familiar with the statute. Each subsection of this statute is a different way the prosecution can prove that a client committed Simple Assault. There are also several defenses we can raise, one of the most popular being Self Defense.
(a) Offense defined: Except as provided under section 2702 (relating to aggravated assault), a person is guilty of assault if he:
attempts to cause or intentionally, knowingly or recklessly causes bodily injury to another;
negligently causes bodily injury to another with a deadly weapon;
attempts by physical menace to put another in fear of imminent serious bodily injury; or
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.
(b) Grading: Simple assault is a misdemeanor of the second degree unless committed:
in a fight or scuffle entered into by mutual consent, in which case it is a misdemeanor of the third degree; or
against a child under 12 years of age by a person 18 years of age or older, in which case it is a misdemeanor of the first degree.
If you have been charged with Simple Assault in Chester County or Delaware County, contact Sheridan Lawyers today by calling 484-653-0774.
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Criminal & Civil Litigation