If you have been accused of simple assault in Montgomery County, a criminal defense lawyer from the Martin Law Firm in Blue Bell, PA, can help you.
Montgomery County Simple Assault (18 P.S. § 2701)
A person is guilty of Simple Assault if he or she:
- 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.
Understanding the Law
Important definitions include:
- “Attempt” – a person commits an attempt when, with intent to commit a specific crime, he does any act which constitutes a substantial step toward the commission
of that crime (18 P.S. § 901).
- “Bodily injury” – impairment of a physical condition or substantial pain.
- “Reckless” or “wanton” conduct – a specific intent to injure is not a necessary element of assault if the defendant’s conduct was wanton and reckless such as
- “Serious bodily injury” – bodily injury which 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 (18 P.S. 2301)
Merger and Lesser Included Offenses
Offenses such as terroristic threats, harassment, endangering the welfare of children, rape, and robbery do not merge with a simple assault charge. Simple assault merges into aggravated assault and recklessly endangering another person since the elements of simple assault are necessarily included in the other offenses.
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. If the act is committed against a child under 12 years of age by an adult 21 years of age or older, it is a misdemeanor of the first degree.
A misdemeanor of the first degree can result in 5 years’ incarceration and a fine of up to $10,000.00. A misdemeanor of the second degree can result in 2 years’ incarceration and a fine of up to $5,000.00. A misdemeanor of the third degree can result in 1 year incarceration and a fine up to $2,000.00.
Restitution may also be available when the victim suffered personal injury. This is in the discretion of the appropriate Montgomery County court. The court will consider the extent of the injury in determining the amount of restitution.
Contact The Martin Law Firm, P.C.
If you have been charged with simple assault in Montgomery County, the Martin Law Firm can help. Contact us today to discuss the incident leading to your arrest at 215-646-3980.