Legal Question in Criminal Law in Pennsylvania

Assault Charges

Is it possible to be charged with both Aggravated and Simple Assault for one crime?


Asked on 5/05/05, 6:53 pm

4 Answers from Attorneys
Mark Johns Mark Johns, Esquire

Re: Assault Charges

Simple assualt is a lesser included offense of aggravated assualt therefor you can be charged with both.

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Answered on 5/05/05, 7:24 pm
Gary Moore Gary Moore Attorney At Law

Re: Assault Charges

the question is whether you committed an assault and, if you did, how serious were injuries which resulted.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw.com

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Answered on 5/05/05, 10:29 pm
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Assault Charges

The answer is yes. Simple assault is charged in addition to aggravated assault so that, if the prosecution can't prove aggravated they still may be able to prove simple assault. However, they will merge for sentencing purposes, meaning that if you go to trial and are found guilty of both, you will only be sentenced for one.

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Answered on 5/07/05, 7:41 am
Marc V. Taiani AAAL - Allegheny Attorneys At Law

Re: Assault Charges

the simple answer is yes, but normally one or the other is dropped depending upon whether you make a plea or not.

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Answered on 5/06/05, 7:11 am


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