In Pennsylvania, simple assault is usually a second-degree misdemeanor punishable by up to two years in jail, while aggravated assault is a felony punishable by up to 10 or 20 years depending on the injury, the weapon, and who was involved. Related charges include strangulation, terroristic threats, and reckless endangerment. Assault cases often turn on witness credibility, and Justin Panighetti, a former Erie County prosecutor, defends assault charges across Erie County.
Being charged with a crime based on an allegation of assaultive behavior can come in many shapes and sizes. The most common people often think about, because it’s so often played out on television shows and in movies, is when a stranger assaults another stranger. However, the reality is that most assaults are between people who know each other – often between siblings, spouses, friends, or even co-workers.
It should come as little surprise that these situations often occur when alcohol is involved. As a result, there can often be a tremendous amount of factual nuance to each case, even those cases which don’t involve alcohol. By factual nuance, I’m referring to the often differing witness accounts which will frequently make up the crux of both the defense and prosecution case.
There are four potential assault charges and each is different.
