When you punch somebody or push them, you risk being charged with simple assault. It’s illegal to intentionally, knowingly, or recklessly cause anyone else bodily injury using your body or a weapon.
Under Pennsylvania law, you don’t actually have to injure somebody else for simple assault to take place. If you frighten someone into fearing that they are in imminent danger of being seriously injured by you, even if you don’t make contact with your fists or a weapon, you can still be charged.
Which is why you need an experienced Pittsburgh simple assault lawyer from Worgul, Sarna, & Ness. Call us today at (412) 281-2146 or contact us online for a free consultation.
What is Simple Assault?
In Pennsylvania, simple assault is a criminal offense that involves intentionally, knowingly, or recklessly causing—or attempting to cause—bodily injury to another person. Under 18 Pa.C.S. § 2701, this charge doesn’t require a weapon or serious injury, but it still carries serious consequences, including potential jail time, fines, and a permanent criminal record.
Simple assault can happen in many everyday situations, such as a bar fight, domestic dispute, road rage incident, or even a heated argument that escalates. You don’t have to land a punch to be charged—just attempting or threatening to harm someone can be enough if it puts that person in fear of immediate injury.
There are several ways a person can be charged with simple assault in Pennsylvania, including:
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Causing or attempting to cause bodily injury to another person.
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Negligently causing injury with a deadly weapon.
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Putting someone in fear of imminent serious bodily injury through physical menace.
Because the definition of simple assault is broad, police officers often make arrests based on limited or conflicting information. This means people are sometimes charged unfairly or without a full understanding of the circumstances. That’s why it’s critical to speak with a knowledgeable Pittsburgh criminal defense lawyer who can evaluate the details of your case and protect your rights from the very beginning.
How a Simple Assault Charge Can Affect Your Life
If you are found guilty of simple assault, you can be sentenced to two-years in jail on a misdemeanor of the second degree.
If your alleged victim is under 12 and you are over 21, you can be sentenced to serve five years in prison.
An assault charge can be very stressful for your family. If you are the breadwinner and you have to spend time in jail, it can hurt them financially as well as emotionally. When your employer finds out you were arrested for a violent crime, it can also have a damaging impact on your employment and you may even lose your job. You will have a criminal record that can negatively affect your ability to get a good job, join the military, obtain certain professional licenses, or be admitted to graduate school. For these reasons, it makes sense to hire a reputable and serious Pittsburgh simple assault lawyer.
Injuries and Simple Assault
If you do cause an injury, it does not have to be a serious one for you to be charged with simple assault. For example, if you throw an object into someone’s face and their only injury is a bruise, you can still be arrested.
Assault Charges and Fights
If you take part in a fight where everyone who joins in is there by mutual consent, and the police are called in to break it up, they may likely arrest all who are involved. Simple assault for participation in a fight is a misdemeanor of the third-degree and you may be sentenced to jail for one-year.
Self Defense in a Simple Assault Case
Pennsylvania gives you the right to defend yourself as long as you use a weapon that carries the same level of force as the one your attacker is using. For example, if someone tries to slap you, you should not respond by slashing them with a knife.
What Pennsylvania Law Says About Simple Assault
Under Pennsylvania law, simple assault is defined by anyone does the following actions:
- 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.
Typically simple assault is a second-degree misdemeanor unless it was a bar fight or group fight of mutual consent, which makes it a third-degree misdemeanor, or against a child under the age of 12 by a person 18 or older, which makes it a first-degree misdemeanor.
Steps to Take if You’ve Been Charged with Simple Assault in Pittsburgh
Facing a simple assault charge in Pennsylvania can be overwhelming, but taking the right steps early on can make a significant difference in your case. If you’ve been accused of assault, here’s what you need to know.
1. Contact a Pittsburgh Simple Assault Lawyer Immediately
Your first and most important step is to hire an experienced Pittsburgh simple assault lawyer as soon as possible. The sooner you have legal representation, the better your chances of protecting your rights, avoiding mistakes, and building a strong defense.
2. Stay Silent Until You Speak with an Attorney
If you’re arrested, you may be jailed overnight or released on bond. Do not talk to the police, prosecutors, or anyone else about what happened—except your attorney. Anything you say can be misinterpreted and used against you in court.
3. Avoid Contact with the Alleged Victim
Even if you believe there’s been a misunderstanding, do not call, text, or attempt to contact the alleged victim. Any communication—no matter how well-meaning—can be twisted and used as evidence against you.
4. Prepare for Your First Meeting with Your Lawyer
When you meet with your criminal defense attorney, be honest and thorough. Share:
- A detailed account of what happened
- Names and contact info for any witnesses
- Whether you were under the influence of drugs or alcohol
- Any text messages, videos, or photos related to the incident
This information helps your attorney build a defense that may show your actions were unintentional, misunderstood, or legally justified.
5. Understand What’s at Stake
A simple assault conviction can carry jail time, fines, a criminal record, and damage to your reputation. But these charges can often be reduced—or even dismissed—with the help of a skilled Pittsburgh assault defense lawyer.
Don’t Let an Assault Charge Define Your Future
At Worgul, Sarna & Ness, we understand how easily simple misunderstandings can lead to criminal charges. We know how to challenge the evidence, protect your rights, and fight for the best possible outcome.
Call a Trusted Pittsburgh Simple Assault Attorney Today
If you’ve been charged with assault in Western Pennsylvania, call (412) 281-2146 or contact ur through our online form to schedule a confidential consultation. Let us help you move forward.
