Assault and Strangulation

Table of Contents:

Simple Assault – 18 Pa.C.S. 2701

Types of Simple Assault

Pennsylvania law sets out four different types of simple assault. Here are the 4 kinds, and some examples of scenarios that would qualify:

• Attempting to cause or intentionally, knowingly, or recklessly causing bodily injury to another person;
  • Punching somebody in the face (“intentionally”)
  • Shoving somebody so hard that they fall down and suffer injury (“knowingly”)
  • Racing another car, crashing, and minorly injuring somebody (reckless)
  • Trying to make somebody sick with a minor illness (attempt)
• Negligently causing bodily injury to another person with a deadly weapon;
  • Hurting somebody minorly through careless use of a knife or gun
• Attempting by physical menace to put another person in fear or imminent serious bodily injury; or
  • Pointing a firearm at somebody
  • Intimidating somebody with a knife
• Concealing or attempting to conceal a hypodermic needle on his person and intentionally or knowingly penetrating a law enforcement officer or an employee of a jail or mental hospital during the course of an arrest or search of the person.
  • Falsely answering “no” when a police officer asks you during an arrest whether you have “anything that will poke or stick” him, and then he gets stuck with your uncapped needle when he goes into your pocket

Pennsylvania law defines “bodily injury” as impairment of physical condition or substantial pain.

Potential Consequences if Convicted

Simple Assault is usually a misdemeanor of the second degree. It drops down to a misdemeanor of the third degree if the defendant was in a fight by mutual consent, like a classic bar fight. It increases to a misdemeanor of the first degree if the defendant is over the age of 21 and the victim is a child under the age of 12. 

Simple Assault is only called “simple” to distinguish it from the other, more serious kind of assault, “aggravated” assault. A simple assault can land you in jail, even if your sentencing guidelines call for probation. You can go to jail before conviction if a judge sets your bail so high that you can’t post it. It will also strip you of your firearms rights if it qualifies as “domestic violence,” which isn’t as clear-cut as a boyfriend-girlfriend relationship like most people think. It will be used against you if you must appear in family court for divorce, child custody, or Protection From Abuse (restraining order) court.

Such long-term ramifications of being charged with simple assault, let alone convicted of it, make it imperative that you reach out to our criminal defense attorneys right away if you are charged.

Aggravated Assault – 18 Pa.C.S. 2702

In General

Pennsylvania law sets forth 9 different types of aggravated assault. The potential and probable punishment depends on which kind of aggravated assault the prosecution is pursuing. However, it is always a felony and is likely to result in at least some jail time.

First-degree Felony (F1)

Under 3 different subsections, Aggravated Assault is a felony of the first degree, punishable by up to 20 years in jail. The first two are “strike” offenses for mandatory sentencing purposes and are one small step short of Attempted Murder charges. A first strike has no mandatory penalty, a second strike has a mandatory minimum of 10 years, and a third strike has a mandatory minimum of 25 years but can go all the way up to life in prison. Here are the three kinds of first-degree felony Aggravated Assault, and some examples of conduct that qualify:

• (a)(1): Attempting to cause serious bodily injury to another, or causing such injury intentionally, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life;
  • Any discharge of a firearm against a person
  • Stabbing somebody with a sharp object
  • Hitting someone with a baseball bat
  • Trying to hit someone with your car
• (a)(2): Attempting to cause or intentionally, knowingly or recklessly causing serious bodily injury to a specific “enumerated” kind of person while doing their job. The list of 39 protected classes of people include jobs like police officers, prosecutors, judges, public defenders, teachers, ambulance workers, nurses, and doctors.
• (a)(9): Attempting to cause, or intentionally, knowingly, or recklessly causing serious bodily injury to a child younger than 13, by a person 18 or older.
  • This subsection includes a lesser level of wrongdoing than does the (a)(1) variety. While (a)(1) requires extra recklessness that shows an extreme disregard for human life, (a)(9) requires only ordinary reckless disregard of a substantial and unjustifiable risk.

Second-Degree Felony (F2)

The remaining 6 subsections of Aggravated Assault are all graded as a felony of the second degree. These are punishable by up to 10 years in jail. These kinds of Aggravated Assault are as follows, with some examples of conduct that might qualify:

• (a)(3): Attempting to cause or intentionally or knowingly causing bodily injury to any of the 39 types of people on the list, like law enforcement, court personnel, and medical personnel;
  • Punching a police officer in the face while they’re arresting you or someone else
  • Kicking a nurse who’s trying to draw your blood for a DUI investigation
  • Becoming violent with a teacher at school
• (a)(4): Attempting to cause or intentionally or knowingly causing bodily injury to another with a deadly weapon;
  • Pistol-whipping someone
  • Using a knife to scratch, poke, or inflict a minor cut
• (a)(5): This is a redundant subsection that looks just like (a)(3) but only applies to school staff, which are already covered under (a)(3).
• (a)(6): Attempting by physical menace to put any of the officers, agents, employees or other persons enumerated above while in the performance of duty, in fear of imminent serious bodily injury; or
  • This is simple a Simple Assault by Physical Menace when committed upon one of the 39 enumerated types of people. If you actually survive pointing a gun at police, you are likely to face this charge (and many others).
• (a)(7): Using “tear or noxious gas” or a taser against any of the 39 kinds of enumerated persons while acting in the scope of employment;
  • Pepper spray qualifies as “tear or noxious gas”.
• (a)(8): Attempting to cause, or intentionally, knowingly, or recklessly causing bodily injury to a child younger than 6 years old

What is “serious bodily injury?”

Pennsylvania law defines “serious bodily injury” as injury which either:

• creates a substantial risk of death, or
• which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

Some examples of serious bodily injury can include:

• the loss of a limb
• a broken jaw
• a brain injury
• long-term back injuries
• significant blood loss
• becoming seriously ill by another’s wrongdoing

Aggravated Assault is one of the most serious crimes that a person can be charged with and convicted of. If you are convicted, you are likely to face incarceration. Jail can last anywhere from a few months up to many years depending on the conduct and your prior record. Contact our criminal defense attorneys so we can examine whether the charges fit the allegations and to reach a resolution that’s in your best interest.

Strangulation – 18 Pa.C.S. 2718

The Pennsylvania Strangulation statute took effect in 2016. Strangulation covers situations that are a gray area between Aggravated Assault and Simple Assault. It can occur when one person puts his hands on or around the neck of another and applies pressure. It can also happen when somebody blocks the nose and mouth of the other person. Such incidents often do not rise to the level of Aggravated Assault – which in its most frequently charged form requires the attempt to cause or cause of serious bodily injury – but are commonly considered by prosecutors to be more serious than Simple Assault.

Conduct that Applies

A person commits the offense of Strangulation if he knowingly or intentionally impedes the breathing or circulation of the blood of another person by:

1. applying pressure to the throat or neck; or
2. blocking the nose and mouth of the person.

Actual infliction of physical injury (e.g. bruises, cuts, redness) to a victim is not a required element of this offense. Therefore, lack of physical injury to a victim is not a defense. It is, however, a defense to Strangulation that the victim consented to the defendant’s action.

Consequences if Convicted

Generally, Strangulation is a Misdemeanor of the second degree (M2). Strangulation is a Felony of the second degree (F2) if the act is committed against a family or household member, by a caretaker against a care-dependent person, or in conjunction with sexual violence, stalking, or human trafficking. Strangulation is a Felony of the 1st degree (F1) if at the time of the commission of the offense the defendant is subject to an active protection from abuse order (PFA) or a sexual violence or intimidation protection order, the defendant uses an object like a rope or cord in the commission of the offense, or the defendant has previously been convicted of Felony 2 Strangulation.

In practice, we have found that strangulation cases may not be what one would expect.  If a person in a fit of rage applies pressure to the neck of another, even for a split second, this will generally be enough to fit the definition of strangulation under the law.  It does not require intent to kill, inflict serious injury, or to cut off the airway for a significant amount of time.

Recklessly Endangering Another Person (“REAP”) – 18 Pa.C.S. 2705

A person is guilty of recklessly endangering another person when he recklessly engages in conduct which places or may place another person in danger of death or serious bodily injury. This requires ordinary recklessness, which means a conscious disregard of a substantial and unjustifiable risk that someone could be seriously injured or killed by the conduct. This law covers a wide variety of conduct, but usually involves use of a dangerous item like a car, firearm, or drugs. REAP is always a misdemeanor of the second degree, punishable by up to 2 years in jail. 

Terroristic Threats – 18 Pa.C.S. 2706

Conduct that Applies

The charge “terroristic threats” is unrelated to “terrorism,” but sounds just as bad. A person is guilty of terroristic threats if the person communicates, either directly or indirectly, a threat to:

• (a)(1): Commit any crime of violence with intent to terrorize another
• (a)(2): Cause evacuation of a building, place of assembly or facility of public transportation; or
• (a)(3): Otherwise causes serious public inconvenience, or cause terror or serious public inconvenience with reckless disregard of the risk of causing such terror or inconvenience.

Although there are 3 varieties of Terroristic Threats, we really only see the first kind in court. These threats can come in many forms. They can be in person, over the phone, over the internet, or in writing. They can be verbal or nonverbal. The intent to “terrorize” just means to make somebody be afraid.

Consequences if Convicted

Terroristic Threats is usually a misdemeanor of the first degree. The charge increases to a felony in the third degree, however, when the threat causes the occupants of the building, place of assembly or facility of public transportation to be diverted from their normal or customary operations. For example, if because of a threat a bank had to shut down early for safety reasons, or if a school went on lockdown, the charge would become a felony.

Sometimes there are defenses available to this charge that can reduce it to a Harassment. Other times, we can have it dismissed altogether. If the threat wasn’t really meant to be taken seriously, or was said during a heated moment, a skilled criminal defense attorney like one of ours could mount a proper defense to the charge of Terroristic Threats.