Simple Assault in Pennsylvania | Nicholas A. Frisk III

Last updated October 4, 2026.

Simple assault is one of the charges on my criminal defense page that "often arise from a single heated moment." The statute is short, but its grading rules, and what happens when the people involved are family members, make a big difference. This page goes through them, and through how a case moves in Lawrence County.

How does a simple assault case move through Lawrence County?

The path depends partly on who was involved, but the stages are the same:

Arrest or release. When simple assault, a second-degree misdemeanor, is the most serious charge, Rule 519(B) has the officer release a person arrested without a warrant if the person poses no threat of immediate physical harm and is expected to appear; the complaint follows within 5 days, with a summons by mail. A domestic arrest is different: the officer may not release the person and must bring them before a district judge (18 Pa.C.S. 2711(c)(1)).
The complaint. It is filed with the district court for the area where the incident happened, which for Ellwood City is the office described in what to expect at the Ellwood City district court.
Preliminary arraignment and bail. If the person is held, a district judge sets bail and schedules the preliminary hearing within 14 days if the person is in custody on this case only, or 21 days otherwise (Rule 540(G)). In a domestic case the judge also decides whether a stay-away condition is needed, as explained below and in how bail is set after an arrest in Lawrence County.
The preliminary hearing. Every preliminary hearing in the county is held at Central Court, 202 Milton Street, New Castle, on Tuesdays, Wednesdays and Thursdays at 9:30 a.m. The Commonwealth must show a prima facie case, and a charge without one is dismissed (Rule 543(B)). The hearing is covered in what happens at a preliminary hearing in Lawrence County.
The Court of Common Pleas. The District Attorney files the criminal information and may add or dismiss charges. The Public Defender's office describes a formal arraignment, a Call of Trial about a month later, then a plea or a trial at the Lawrence County Courthouse, 430 Court Street.
Sentencing. The District Attorney's office describes a pre-sentence investigation by county probation officers, a chance in most cases for the victim to make a statement, and possible restitution.

Rule 600 requires trial to begin within 365 days of the complaint in most court cases; only delay caused by the Commonwealth's lack of diligence counts toward that limit (Rule 600(A)(2)(a), (C)(1)).

What counts as simple assault?

Under 18 Pa.C.S. 2701(a), a person commits simple assault if they:

attempt to cause, or intentionally, knowingly or recklessly cause, bodily injury to another;
negligently cause bodily injury to another with a deadly weapon;
attempt "by physical menace to put another in fear of imminent serious bodily injury"; or
conceal a hypodermic needle and knowingly stick a police or corrections officer during an arrest or search.

Notice that an attempt is enough, and so is putting someone in fear by a physical threat. No one has to be hurt for the charge to be filed. Section 2701 also applies "except as provided under section 2702," the separate and more serious aggravated assault statute.

How is simple assault graded?

Simple assault grades and maximum penalties (18 Pa.C.S. 2701(b), 1101, 1104)
Situation	Grade	Maximum prison	Maximum fine
Most cases	Second-degree misdemeanor	2 years	$5,000
A fight or scuffle entered into by mutual consent	Third-degree misdemeanor	1 year	$2,500
Against a child under 12 by a person 18 or older	First-degree misdemeanor	5 years	$10,000

When does it become something more serious?

The same punch or shove can be charged under a different statute depending on who was involved and how it happened:

Simple assault and the charges next to it (18 Pa.C.S. 2701, 2702, 2709, 2718, 1103)
What happened	Usual statute	Grade
Shoving or striking with intent to harass, annoy or alarm	Harassment, 2709(a)(1)	Summary offense
Causing or attempting bodily injury	Simple assault, 2701(a)(1)	Second-degree misdemeanor
Bodily injury, or an attempt, to a police officer, probation officer, firefighter, emergency medical worker, health care practitioner, teacher or other listed person in the performance of duty	Aggravated assault, 2702(a)(3)	Second-degree felony, up to 10 years
Intentionally or knowingly causing bodily injury with a deadly weapon	Aggravated assault, 2702(a)(4)	Second-degree felony, up to 10 years
Bodily injury to a child under 6 by a person 18 or older	Aggravated assault, 2702(a)(8)	Second-degree felony, up to 10 years
Pressure on the throat or neck, or blocking the nose and mouth, that impedes breathing or blood flow	Strangulation, 2718	Second-degree misdemeanor; second-degree felony against a family or household member

Strangulation does not require any physical injury (2718(b)), and it becomes a first-degree felony if the person was subject to an active protection from abuse order covering the victim (2718(d)(3)(i)). The difference between harassment and assault is explained in what counts as harassment in Pennsylvania.

What if it was a mutual fight?

Then the grade goes down, but the charge does not go away. Section 2701(b)(1) makes simple assault "a misdemeanor of the third degree" when it is committed "in a fight or scuffle entered into by mutual consent." That is still a criminal conviction, with up to a year in prison and a permanent record unless it is later cleared. Whether a fight was truly mutual is a factual question: who started it, whether both people agreed to fight, and whether one person tried to stop. Witness accounts and video can decide it.

A mutual fight is also different from self-defense. Section 505 makes force justifiable when the person "believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force" by the other person on that occasion. When force is justifiable under section 505, the question is not the grade but whether there was a crime at all. The statute sets limits: force is not justified to resist an arrest the person knows is being made by a police officer, even an unlawful one, and deadly force has stricter rules, including a duty to retreat in some places outside the home or workplace.

What is different in a domestic case?

A lot, starting on the night of the arrest. Under section 2711, police may arrest without a warrant for simple assault against a family or household member even if they did not see it, as long as they observe recent physical injury or other corroborating evidence. The officer must take the person before the issuing authority and may not simply release them, which is different from many other misdemeanor arrests (Pa.R.Crim.P. 519(B)). The officer must also seize any weapons used. When setting bail, the issuing authority considers whether the person poses a danger to the victim and, if so, must order them to stay away from the victim's home and workplace. That condition lasts until the preliminary hearing or until a protection from abuse order is entered or denied (2711(c)).

A protection from abuse petition is a separate civil case. In Lawrence County, petitions are processed by the PFA Coordinator on the third floor of the Government Center, 430 Court Street, with no filing fee. A person subject to a PFA order that requires it must relinquish firearms (18 Pa.C.S. 6105(a)(2)(iv)).

Can a simple assault be cleared from my record?

It is harder than for most misdemeanors. Simple assault is an "offense involving danger to the person," and Clean Slate's automatic sealing does not apply to any conviction for those offenses (18 Pa.C.S. 9122.3(a)(1)(i)). A petition for limited access is barred for those offenses only when they are punishable by more than two years in prison (9122.1(b)(1)(i)), so a second or third-degree simple assault may still qualify after seven conviction-free years, while a first-degree one does not. Avoiding a conviction in the first place, through a dismissal, ARD or another resolution, is often worth more than any later petition. The options are explained on the page about clearing a criminal record in Pennsylvania. How an employer may treat an old conviction is covered in whether an employer can refuse to hire you over an old conviction.

What changes the answer?

The factors that move a simple assault case, each with its rule:

Mutual consent. A fight both people entered by agreement is a third-degree misdemeanor (2701(b)(1)).
Self-defense. Force believed immediately necessary against unlawful force is justified, which means no crime at all (505(a)).
The other person's age. A child under 12 raises the grade to a first-degree misdemeanor (2701(b)(2)); a child under 6 makes bodily injury an aggravated assault (2702(a)(8)).
The other person's job. Bodily injury to a listed officer or worker on duty is aggravated assault (2702(a)(3), (c)).
A weapon. Negligent injury with a deadly weapon is simple assault (2701(a)(2)); intentional or knowing injury with one is aggravated assault (2702(a)(4)).
A family or household relationship. It brings the warrantless arrest and stay-away rules of 2711 and raises strangulation to a felony (2718(d)(2)(i)).
The grade at conviction. It decides whether a limited access petition is possible later (9122.1(b)(1)).

A worked example

For example, take a hypothetical case (not a real one): two men argue outside a bar in Ellwood City, agree to "take it outside," and trade punches until one has a cut lip. Police charge the man who was not hurt with simple assault and with disorderly conduct.

The top charge is a second-degree misdemeanor, he poses no continuing threat and he is expected to appear, so the officer releases him; the complaint is filed within 5 days, and a summons follows (Rule 519(B)). The preliminary hearing is at Central Court in New Castle. If the case goes forward as a plain simple assault, the maximum is 2 years and $5,000 (1104, 1101). If the evidence, such as the bar's video and the friends who heard both men agree to fight, shows a fight entered into by mutual consent, the grade would drop to a third-degree misdemeanor, with a maximum of 1 year and $2,500 (2701(b)(1)).

Even at the lower grade, a conviction would not be sealed by Clean Slate (9122.3(a)(1)(i)), but a petition for limited access could be possible after seven conviction-free years (9122.1(a)). If the same punches had been thrown at home against a spouse, an officer making a warrantless domestic arrest could not release him, and bail could carry a stay-away condition until the preliminary hearing (2711(c)).

Common mistakes in assault cases

Assuming the other person can drop the charges. The District Attorney decides which charges go forward. Victims of personal injury crimes have the right to comment before charges are reduced or dropped, but the decision is the prosecutor's.
Contacting the other person despite a stay-away condition. A violation can lead to revocation of release, forfeiture of bail and a bench warrant (2711(c)(2)).
Treating "mutual fight" as a full defense. It lowers the grade; only justified self-defense means there was no crime (2701(b)(1), 505).
Resisting an arrest that seems unfair. Force is not justified to resist an arrest the person knows is being made by a police officer, even an unlawful one (505(b)(1)(i)).
Skipping the preliminary hearing. Failing to appear without cause waives the right to be present, the hearing goes ahead without you, and a warrant issues (Rule 540(G)(2)).
Pleading without checking the record. Clean Slate never seals a simple assault conviction, so the grade decides whether a later petition is even possible (9122.1(b)(1)).

What to do this week

Read your bail conditions, and follow any stay-away order exactly, including no texts or messages through friends.
Look up the case on the UJS Portal and write down the preliminary hearing date at Central Court.
Write your own account while it is fresh: who started it, what was said, whether both people agreed to fight, and who tried to stop.
List every witness, and note any cameras: the bar, a store, a doorbell or a phone.
Photograph your own injuries and keep any medical records.
Do not post about the incident or the other person online.

Frequently asked questions

Can I be charged with simple assault if no one was hurt?

Yes. An attempt to cause bodily injury is enough, and so is trying to put someone in fear of imminent serious bodily injury by physical menace (2701(a)(1), (3)).

Is simple assault a felony in Pennsylvania?

No. It is a misdemeanor of the first, second or third degree. Aggravated assault under section 2702 is the felony charge.

Will a simple assault conviction affect my right to own a gun?

Simple assault is not on the list of offenses in 18 Pa.C.S. 6105(b) that bar firearms for everyone. But Pennsylvania also bars anyone prohibited under the federal domestic violence rule, 18 U.S.C. 922(g)(9), which can reach an assault on a current or former spouse, a person you share a child with, or someone you live or lived with as a spouse (6105(c)(9)). A person barred that way must relinquish firearms and firearm licenses (6105(a)(2)(iii)).

Can I get ARD for simple assault?

It is possible, but the district attorney decides whether to move for it (Rule 310), and any victim must get notice of the ARD proceedings (Rule 311(A)). The court-rule steps, from the request to the final dismissal, are the same ones laid out for DUI cases in how ARD works in Lawrence County.

What if property was broken during the fight?

Damage to someone else's property can be charged separately, as explained in how criminal mischief is graded in Pennsylvania.

What happens if I get probation and break a condition?

A violation can bring a separate hearing and a new sentence, as described in probation violation hearings in Pennsylvania.

If you have been charged with simple assault in Ellwood City, New Castle or anywhere in Lawrence County, the details of what happened, and what can be proven, matter from the first hearing. You work directly with me, and the first consultation is always free and confidential.

Is simple assault a misdemeanor in Pennsylvania, and what if it was a mutual fight?