An assault accusation can derail your work, family, and reputation overnight. Whether it’s simple assault, aggravated assault, strangulation, or a charge that started as a domestic argument, you need a plan fast.
At Worgul, Sarna & Ness, Criminal Defense Attorneys, we represent clients across Western Pennsylvania. Our Beaver County criminal defense lawyers pressure-test the evidence, protect your rights, and push for outcomes that protect your future. Call 724-488-7572 for a free consultation.
What to Do Right Now
Stay silent, be polite, and ask for a lawyer. You don’t have to explain anything to the police; say you’re invoking your right to remain silent and want an attorney. Then stop talking about the case.
- Collect paperwork and notes. Save the criminal complaint, bail papers, Protection From Abuse papers (if any), and write down what happened while it’s still fresh in your mind.
- Preserve messages and photos. Preserve any relevant screenshots, call data, and location data. Acting quickly and contacting a lawyer can be critical—especially in “he said, she said” situations.
- If a Protection From Abuse (PFA) order was served, follow it exactly. Don’t violate no contact orders. Even a friendly text can be a violation.
What Counts as Assault in Pennsylvania?
Pennsylvania’s assault crimes appear in Title 18, Chapter 27 of the Crimes Code. “Assault” ranges from simple assault (misdemeanor) to aggravated assault (felony), and related offenses like strangulation, harassment, stalking, reckless endangerment, and terroristic threats can be filed with or instead of assault.
Simple Assault (18 Pa.C.S. § 2701)
Simple assault generally means attempting to cause—or actually causing—bodily injury; acting recklessly; negligently causing injury with a deadly weapon; or using physical menace to make someone fear imminent serious bodily injury.
It’s typically a second-degree misdemeanor (M2), but it can be reduced to a third-degree misdemeanor (M3) for a mutual fight or elevated to a first-degree misdemeanor (M1) if the victim is under 12 and the accused is 18 or older.
Aggravated Assault (18 Pa.C.S. § 2702)
“Aggravated assault” covers attempts to cause or causing serious bodily injury, using a deadly weapon, or assaults on protected officials. Grading depends on the subsection: many are felony of the first degree (F1); others are felony of the second degree (F2). This is a major escalation from simple assault.
Strangulation (18 Pa.C.S. § 2718)
Pennsylvania created strangulation as a standalone offense—impeding breathing or circulation intentionally. It’s often charged in domestic contexts and can be graded from M2 up to F1 depending on factors like instruments used or active protection orders.
Related Charges
- Harassment ( 2709) or stalking (§ 2709.1)—often filed where there is repeated contact or following; stalking can rise to a felony with priors.
- Recklessly Endangering Another Person (REAP) ( 2705)—allegedly putting someone at risk of serious injury; commonly paired with assault. (See our REAP page.)
- Terroristic Threats (§ 2706)—threatening violence or causing a building to be evacuated; consequences can be severe.
Maximum Penalties
Pennsylvania sets maximum prison terms by offense level. Real-world penalties will vary based on your record and the facts of your case.
Assault & Related Offenses in Pennsylvania
Simple Assault (§ 2701)
This offense is usually graded as a misdemeanor of the second degree (M2), carrying up to 2 years in jail. If the assault occurs during a mutual fight, it may be reduced to a misdemeanor of the third degree (M3) with a maximum penalty of 1 year. However, if an adult assaults a child under 12, the charge can rise to a misdemeanor of the first degree (M1), punishable by up to 5 years.
Aggravated Assault (§ 2702)
Considered one of the most serious violent crimes, aggravated assault is charged as either a felony of the first degree (F1) or felony of the second degree (F2), depending on the circumstances. An F1 conviction carries a maximum of 20 years in prison, while an F2 conviction carries up to 10 years. The exact subsection of the statute determines grading.
Strangulation (§ 2718)
Pennsylvania treats strangulation as a serious offense with penalties ranging from a misdemeanor of the second degree (M2) up to a felony of the first degree (F1). Sentences follow the maximums for each grading level, meaning exposure could range from 2 years to 20 years in prison. Aggravating factors — such as the presence of a weapon, violation of a protection from abuse order (PFA), or prior convictions — can elevate the grading.
Harassment and Stalking
Harassment charges are often filed as M3, M2, or M1 misdemeanors, depending on the severity of the conduct. Stalking is typically more serious: while it can begin as a misdemeanor, it may escalate to a felony of the third degree (F3) if there is a prior stalking conviction or related conduct. Penalties range anywhere from 1 year to 7 years.
Terroristic Threats (§ 2706)
This offense is generally charged as an M1 or F3, depending on the circumstances. A conviction could mean up to 5–7 years in prison. Threats involving evacuations or causing public disruption are treated especially harshly.
Note: Penalty ranges increase if a deadly weapon was used. Talk to our Beaver County defense lawyers to understand the specifics of your case.
Other consequences:
Collateral consequences of a simple assault charge can reach far beyond the courtroom.
- You may face a Protection From Abuse (PFA) order or no-contact restrictions, which can affect where you live and who you see.
- Firearm rights are often limited after a conviction.
- A conviction can also create barriers to employment, professional licensing, and immigration status for non-citizens.
- In family court, an assault record may influence custody and visitation decisions.
The Beaver County Process
1) Arrest or Summons. You may be arrested on the scene or receive a summons later.
2) Preliminary Arraignment. A Magisterial District Judge will advise you of charges and set bail/conditions. Beaver County publishes how MDJ courts fit into the system and lists local districts.
3) Preliminary Hearing. The Commonwealth must show probable cause. This is the first chance to challenge ID issues, alleged injuries, or the story’s timeline. It’s also a window for charge reductions.
4) Formal Arraignment (Court of Common Pleas). If the case is “held for court,” it moves to the Beaver County Court of Common Pleas at 810 Third Street, Beaver, PA 15009. Reach them at 724-728-5700 from 8:30 a.m.–4:30 p.m.
5) Pre-Trial & Motions. This step includes discovery, witness interviews, and litigation (e.g., to exclude statements or photo arrays; to limit prejudicial evidence).
6) Negotiation or Trial. We negotiate from strength—often after motion practice and investigation. If trial is right, the Commonwealth must prove each element of their case beyond a reasonable doubt.
7) Sentencing & Relief. If there’s a conviction or plea, the court will use Pennsylvania’s guidelines. We’ll evaluate appeals, post-sentence motions, and record relief where available.
Useful County Pages: Beaver County Courts overview; Clerk of Courts (filings & records).
How We Create Leverage in Assault Cases
Assault cases hinge on facts, paperwork, and people. We look for inconsistent statements, missing injuries, intoxication, or bias. We translate weaknesses into leverage.
- Self-defense & defense of others. We examine whether you reasonably believed force was necessary. We test proportionality and any “duty to retreat” issues raised by the Commonwealth.
- Statements to police. We examine whether Miranda warnings were given and whether statements were voluntary. If they weren’t, unwarned or coerced statements can be excluded from evidence. (We also check for improper questioning by non-police actors.)
- Identification problems. Lighting, distance, stress, and cross-racial ID can all weaken eyewitness certainty. We review photo arrays and any show-ups.
- Injury & causation. Medical records sometimes show minor or no injury. When appropriate, we challenge “serious bodily injury” claims underlying aggravated assault.
- Deadly-weapon allegations. We scrutinize whether an item qualifies as a “deadly weapon” and how it was allegedly used, which can alter grading and guideline ranges.
- PFA and no-contact layers. When a civil Protection From Abuse order intersects with a criminal case, we map both calendars and prevent accidental violations that could sink bail or plea talks.
Domestic-Related Allegations—PFAs & Strangulation
Assault arrests tied to family or dating partners
These often bring Protection From Abuse orders (PFAs) and extra scrutiny. A PFA can bar contact, restrict firearms, and complicate shared-home or childcare logistics. Violating a PFA risks indirect criminal contempt and new penalties, even if the other person “invites” contact later.
Pennsylvania treats strangulation seriously
Even when no visible marks appear. The statute doesn’t require visible injury, and grading can increase if a PFA was active or a weapon was used. We move quickly to secure records, challenge reliability, and address safety plans the court may require.
Local Directory—Beaver County Courts & Helpful Contacts
- Beaver County Courthouse / Court of Common Pleas — 810 Third St., Beaver, PA 15009 | 724-728-5700 | Hours Mon–Fri 8:30–4:30.
Websites: Beaver County Courthouse, Court of Common Pleas - Clerk of Courts — 810 Third St., Beaver, PA 15009 | 724-770-4590 (records & filings).
Website: Clerk of Courts - Magisterial District Judges (MDJ) Offices — County MDJ overview & districts. Website: MDJ Offices
- Beaver County District Attorney — Courthouse, 810 Third St. | 724-773-8550. Staff directory and contacts available.
Website: Beaver County District Attorney - Public Defender’s Office — Courthouse, 810 Third St. | 724-770-4500.
Website: Public Defender’s Office - Women’s Center of Beaver County (Domestic Violence Services) — Mail: P.O. Box 428, Beaver, PA 15009 | 24-hour helpline 724-775-0131.
Website: Women’s Center of Boulder County - PennDOT Driver License / REAL ID Center (for ID or license logistics) — 2580 Constitution Blvd., Beaver Falls, PA 15010 | REAL ID center hours Tue–Sat 8:30 a.m.–4:15 p.m.
Website: REAL ID Center Locations
Why Choose Worgul, Sarna & Ness for Assault Defense in Beaver County
You’re entitled to a strong defense. We’re ready to put our experience in Beaver County courts to work for your case.
- Clear communication. We explain strategy, timelines, and tradeoffs in plain English.
- Proven by clients. We have 25+ years of combined experience and 300+ five-star reviews from satisfied clients.
- Local know-how. From MDJs to the Court of Common Pleas on Third Street, we know the local players and processes.
FAQs—Assault Charges in Beaver County
What’s the difference between simple assault and aggravated assault?
Simple assault involves bodily injury, recklessness, or physical menace; it’s usually an M2 (sometimes M3 or M1). Aggravated assault involves serious bodily injury, deadly weapons, or protected victims and is charged as a felony (F1/F2). Penalties and collateral impacts are much higher for aggravated assault.
If both of us were fighting, is it still a crime?
Fights entered into by mutual consent can lower simple assault to an M3—but it’s still a crime, and police/prosecutors decide what to file. The facts and injuries matter.
I’m accused of strangulation, but there were no marks. Can they charge me?
Yes. Pennsylvania’s strangulation statute does not require visible injuries. Grading can increase with aggravators like an active PFA or weapon use.
What are the maximum penalties for misdemeanors and felonies?
Max terms: M3 up to 1 year, M2 up to 2 years, M1 up to 5 years; F3 up to 7 years, F2 up to 10 years, F1 up to 20 years. Your guideline range depends on facts and priors.
Where will my first hearing be?
Most assault cases start in magisterial district judge (MDJ) court for the preliminary hearing. If “held for court,” your case proceeds at the Beaver County Courthouse, 810 Third St., Beaver, PA 15009.
What if I have a PFA and the other person contacts me first?
Do not respond. Any contact can be seen as a violation, which risks jail and hurts your criminal case. Call a lawyer to address modifications through the court.
Areas We Serve in Beaver County
We represent clients throughout Beaver County, including:
- Beaver
- Aliquippa
- Beaver Falls
- Ambridge
- Monaca
- Center Township
- Hopewell Township
- Chippewa Township
- Economy
- Brighton Township
- Baden
- Freedom
- Rochester
- New Brighton
plus nearby communities along I-376 and Route 65.
Beaver County Assault Defense Lawyer
Our Beavery County attorneys have experience building assault case defenses. The right plan can protect your record, your job, and your future.
Don’t delay when your future is on the line. Call 724-488-7572 or contact us online for a free consultation.
