Can assault charges be dropped if the victim does not want to press charges?

Not automatically. In Pennsylvania the Commonwealth brings the charges, and prosecutors can proceed without the complaining witness's cooperation, especially in domestic cases. Their wishes do matter, though, and often affect the outcome.

Can I get ARD for simple assault?

Some first-time simple assault cases qualify for ARD, depending on the county and the facts. Cases with serious injury, weapons or certain domestic factors are less likely to be accepted.

What happens if I violate a PFA order?

A PFA violation is indirect criminal contempt. It can lead to arrest, up to six months in jail and a fine, in addition to any new charges.

Will an assault conviction affect my gun rights?

It can. Felony convictions, and some misdemeanor domestic violence convictions under federal law, prohibit owning firearms. A final PFA order also requires you to surrender firearms while it is in effect.

Criminal Defense

Assault & Violent Crime Defense in Pennsylvania

Q: What is the difference between simple and aggravated assault in PA?

Simple assault usually involves bodily injury or an attempt to cause it and is most often a second-degree misdemeanor. Aggravated assault involves serious bodily injury, a deadly weapon, or certain protected victims such as police officers, and is a felony.

Charged with simple assault, aggravated assault, harassment or a domestic incident? These cases often come down to one person's word against another's. We defend assault charges across 6 PA counties.

Free Consultation Schedule Online

Assault Charges Move Quickly

Bail conditions, no-contact orders and Protection From Abuse petitions can take effect within days of an arrest, sometimes before you have told your side. Early advice matters.

Felony Exposure

Aggravated assault is a felony carrying up to 10 or 20 years. Charges against police, teachers or health care workers are often graded higher.

Immediate Restrictions

Bail conditions and PFA orders can remove you from your home, limit contact with your children, and require you to surrender firearms.

Real Defenses

Self-defense, inconsistent statements, lack of injury evidence and video often change the outcome. Some simple assault cases qualify for ARD.

Charges We Defend

Simple Assault

Attempting to cause or causing bodily injury, or putting someone in fear of imminent injury (18 Pa.C.S. 2701).

Potential Penalties: Usually M2: up to 2 years and $5,000. M3 if a mutual fight; M1 against a child under 12 by an adult.

Common Defenses:

Self-defense or defense of others
No bodily injury
Credibility of the accuser

Aggravated Assault

Causing or attempting serious bodily injury, or injury with a deadly weapon (18 Pa.C.S. 2702).

Potential Penalties: F1 (up to 20 years) or F2 (up to 10 years) depending on the injury, weapon and victim.

Common Defenses:

Injury was not "serious bodily injury"
Justification
Lack of intent

Domestic Assault & PFA Matters

Assault charges involving a family or household member, often alongside a Protection From Abuse petition.

Potential Penalties: Graded like other assaults; PFA violations are indirect criminal contempt with possible jail.

Common Defenses:

False or exaggerated allegations
Recantation and prior statements
Contesting the PFA

Harassment

Striking, shoving or repeatedly communicating with intent to harass or alarm (18 Pa.C.S. 2709).

Potential Penalties: Usually summary: up to 90 days and $300. Can be M3 for repeated or certain communications.

Common Defenses:

Legitimate purpose
No intent to harass
Insufficient proof

Terroristic Threats & REAP

Threatening violence to terrorize, or recklessly putting someone at risk of serious injury (18 Pa.C.S. 2706, 2705).

Potential Penalties: Terroristic threats: M1, or F3 if it causes an evacuation. REAP: M2.

Common Defenses:

Statement made in anger, not as a real threat
No actual danger created
Context of the words

How Pennsylvania grades assault

The difference between simple and aggravated assault usually turns on the injury and whether a weapon was used. "Serious bodily injury" means a substantial risk of death, serious permanent disfigurement or long-term loss of function. Police sometimes file aggravated assault when the injury does not meet that standard, and the charge can be reduced at the preliminary hearing.

Charge	Typical grade	Maximum penalty
Harassment	Summary	90 days, $300
Simple assault (mutual fight)	M3	1 year, $2,500
Simple assault	M2	2 years, $5,000
Recklessly endangering (REAP)	M2	2 years, $5,000
Terroristic threats	M1	5 years, $10,000
Aggravated assault (bodily injury, deadly weapon)	F2	10 years, $25,000
Aggravated assault (serious bodily injury)	F1	20 years, $25,000

Statutory maximums under 18 Pa.C.S. 1101, 1104 and 1103. Actual sentences are usually guided by the Sentencing Guidelines.

Self-defense in Pennsylvania

Pennsylvania law allows you to use force when you reasonably believe it is necessary to protect yourself or someone else from unlawful force. Once self-defense is raised, the prosecution must disprove it beyond a reasonable doubt. Witness statements, 911 calls, phone video and injury photos all matter, and they need to be gathered early.

Domestic cases and Protection From Abuse orders

A domestic assault arrest often comes with a no-contact bail condition and a separate PFA petition in family court. A temporary PFA can be granted the same day without you being present, and a final hearing is usually held within about ten business days. A final PFA can last up to three years and requires you to surrender firearms.

The criminal case and the PFA affect each other. Anything you say at the PFA hearing can be used in the criminal case, so it is important to have a lawyer for both.

How We Build Your Defense

Gather the evidence early
Video, 911 recordings, texts and witness names disappear quickly. We move to preserve them.
Test the injury
We review medical records to see whether the injury supports the grade charged.
Present self-defense
If you were protecting yourself or someone else, we build that case from the start.
Seek reduction or diversion
Where it fits, we push to reduce felony charges, or pursue ARD for a first simple assault.

Service Areas

We defend assault charges throughout Southeastern Pennsylvania:

Delaware County
Montgomery County
Chester County
Lancaster County
Berks County
Bucks County

Charged with assault? Call for a free case review:

6109089562

Frequently Asked Questions

Charged? Talk to John Before Your First Court Date.

A free, confidential consultation gives you a clear picture of the charge, the likely outcomes and your options.

6109089562 Book Free Consultation

Last Updated: June 2026