Assault Charge Classification Details

Summary

In Pennsylvania, simple assault charges are typically classified as M2 (Second Degree Misdemeanor) unless aggravating factors like serious bodily injury or use of a deadly weapon are present, which can elevate the charge to an M1 (First Degree Misdemeanor). Penalties for an M2 include up to 2 years in prison and fines up to $5,000. Common defenses include self-defense, defense of others, and lack of intent. In cases of misunderstanding, such as a fight based on incorrect assumptions, proving lack of intent through witness testimony and evidence can be crucial. Consider consulting a local attorney for personalized legal advice.

Full Conversation

Lebanon pa
Thank you for providing your location. In Pennsylvania, simple assault charges generally fall under the following classifications:
- **M2 (Second Degree Misdemeanor)**: This is typically charged when there's intent to cause bodily injury.
- **M1 (First Degree Misdemeanor)**: Can be charged if the assault involved serious bodily injury or certain aggravating factors, like assaulting a child under * by an adult.
Would you like more details on the aggravating factors that might elevate an M2 to an M1?

Lebanon County Courthouse


Phone: (*) *-*
Address: * South 8th Street, Lebanon, PA *
Website: www.lebcounty.org
Yes
In Pennsylvania, the following factors might elevate a simple assault charge from an M2 to an M1:
- Assaulting a child under * by an adult.
- Causing serious bodily injury.
- Using a deadly weapon during the assault.
Would you like more information on any of these factors?
So if none of those happened then it should be an M×
If none of those aggravating factors apply, a simple assault charge in Pennsylvania would likely be classified as an **M2 (Second Degree Misdemeanor)**.
Would you like more information on the penalties associated with an M2 charge in Pennsylvania?
Yes
In Pennsylvania, the penalties for an M2 (Second Degree Misdemeanor) simple assault charge generally include:
- Up to 2 years in prison.
- Fines up to $*,*.
Would you like more information on the possible defenses for an M2 simple assault charge?
Yes
Here are some common defenses for an M2 (Second Degree Misdemeanor) simple assault charge in Pennsylvania:
- **Self-defense**: Proving that you acted to protect yourself.
- **Defense of others**: Showing that you acted to protect someone else.
- **Lack of intent**: Demonstrating that there was no intent to cause harm.
Would you like more details on any of these defenses?
Ok so my husband and neighbor got into a fight because i had a mark on my face and the neighbor thought my husband hit me but i fell
Thank you for clarifying the situation. Since your husband’s altercation with the neighbor was based on a misunderstanding, the following defense might be relevant:
- **Lack of intent**: Demonstrating that there was no intent to cause harm.
Would you like more details on how to prove lack of intent?
Yes
To prove lack of intent in an M2 simple assault case in Pennsylvania, your husband might consider:
- **Witness Testimony**: Collect statements from witnesses who can confirm the lack of aggressive intent.
- **Evidence**: Gather evidence showing the fall caused your mark, not an assault.
Would you like more information on gathering evidence or witness statements?