Assault With Physical Injury In Pennsylvania
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This range will be based on the defendant's culpability (i.e. the intention and fault behind the act) and the harm caused. Generally, only in cases where there is high culpability and more than minor injuries caused will the sentence be custodial. The general sentencing range is a discharge to 26 weeks' imprisonment.
For a first-degree misdemeanor, you can face up to five years of incarceration and a $10,000 fine. Aggravated assault, being a more serious crime, is typically charged as a felony. This leads to more severe consequences, including longer sentences and higher fines.
Aggravated Assault (Offence) Aggravated Assault Avail. Disp. Discharge (730) Suspended Sentence (731(1)(a)) Fine (734) Fine + Probation (731(1)(b)) Jail (718.3, 787) Jail + Probation (731(1)(b)) Jail + Fine (734) Conditional Sentence (742.1) Minimum None Maximum 14 years incarceration Reference6 more rows
There is no minimum penalty, with a maximum prison sentence of up to 14 years. The severity of the punishment could depend on the degree of the assault, the nature of the injuries, whether it was planned, if the assault was gratuitous in nature and your past criminal record.
''Bodily injury. '' Impairment of physical or mental condition or substantial pain. ''Serious bodily injury. '' Bodily injury which creates a substantial any risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
Assaults that are aggravated based solely on a victim's protected status or due to the offender's prior convictions tend to carry low-level felony penalties, such as two to five years in prison.
"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.
“Serious bodily injury” means a serious impairment of physical condition, including, but not limited to, the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; a wound requiring extensive suturing; and serious disfigurement.
"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.
Most misdemeanors in Pennsylvania have a two-year statute of limitations. This means that prosecutors must file charges within two years of the date the crime was committed. Examples of misdemeanors include simple assault, petty theft, and some drug offenses.
