Pennsylvania
Pennsylvania Assault Laws: Simple vs Aggravated Assault and Penalties
Independently fact-checked against primary sources (last audited October 14, 2026). · 11 primary sources cited on this page. How we verify our legal content
Pennsylvania does not have a crime called battery. Chapter 27 of the Crimes Code uses one name, assault: simple assault under 18 Pa.C.S. 2701 covers attempting or causing bodily injury, negligently causing bodily injury with a deadly weapon, and attempting by physical menace to put another in fear of imminent serious bodily injury. Simple assault is a misdemeanor, and assault becomes a felony when the facts fit aggravated assault under 18 Pa.C.S. 2702 or one of the chapter's other felony offenses. For other states, see our guide to assault and battery laws by state.
Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers Pennsylvania's assault offenses in Chapter 27 of Title 18 (sections 2701, 2702, 2702.1, 2703, 2703.1, 2704, 2705, 2706, 2709, 2711, 2712 and 2718), the definitions in 18 Pa.C.S. 2301, the sentencing sections 18 Pa.C.S. 1101, 1103, 1104 and 1105, the sentencing provisions 42 Pa.C.S. 9714, 9720.8 and 9721, and the civil filing periods in 42 Pa.C.S. 5524 and 5533(b). It does not cover self-defense and justification (see Pennsylvania self-defense laws), protection from abuse orders (see Pennsylvania restraining order laws), sexual offenses, federal assault crimes (covered on the assault and battery hub) or local ordinances.
Assault vs. battery in Pennsylvania
In many states, assault is the threat and battery is the physical attack. Pennsylvania's criminal code does not split them. The word battery does not name any offense in Chapter 27; the chapter calls the conduct assault. Section 2701(a) reads in part:
"Except as provided under section 2702 (relating to aggravated assault), a person is guilty of assault if he: (1) attempts to cause or intentionally, knowingly or recklessly causes bodily injury to another; (2) negligently causes bodily injury to another with a deadly weapon; (3) attempts by physical menace to put another in fear of imminent serious bodily injury; or ..."
A fourth paragraph, 2701(a)(4), covers concealing or attempting to conceal a hypodermic needle and intentionally or knowingly penetrating a law enforcement officer or a correctional, jail, detention facility or mental hospital officer or employee while the person is being arrested or searched.
So an attempt to injure, an actual injury and a physical-menace threat are all simple assault in Pennsylvania. The civil side still uses both words: 42 Pa.C.S. 5524(1) sets a filing deadline for "an action for assault, battery" and other listed claims.
Two neighboring offenses in the same chapter cover conduct that people often call assault:
- Harassment by physical contact. Under 18 Pa.C.S. 2709(a)(1), a person commits harassment when, "with intent to harass, annoy or alarm another," the person "strikes, shoves, kicks or otherwise subjects the other person to physical contact, or attempts or threatens to do the same." It is a summary offense under 2709(c)(1), and 2709(c)(3) enhances the grade one degree if the person previously violated an order issued under 23 Pa.C.S. 6108 involving the same victim, family or household member.
- Terroristic threats. Under 18 Pa.C.S. 2706(a)(1), a person who communicates, directly or indirectly, a threat to "commit any crime of violence with intent to terrorize another" commits a misdemeanor of the first degree, or a felony of the third degree if the threat causes the occupants of a building, place of assembly or facility of public transportation to be diverted from their normal or customary operations (2706(d)).
Is assault a felony in Pennsylvania?
Simple assault is not a felony. Under 18 Pa.C.S. 2701(b), it is a misdemeanor of the second degree unless committed in a fight or scuffle entered into by mutual consent (a misdemeanor of the third degree) or against a child under 12 by a person 18 or older (a misdemeanor of the first degree).
Assault becomes a felony through other sections of Chapter 27:
- Aggravated assault (2702) is a felony of the first or second degree depending on the subsection. The lowest grade, a felony of the second degree, covers conduct such as attempting or intentionally or knowingly causing bodily injury with a deadly weapon (2702(a)(4)).
- Assault of a law enforcement officer (2702.1) is a felony of the first degree when done by discharging a firearm, and a felony of the third degree when a person causes or attempts to cause an officer to come into contact with blood, seminal fluid, saliva, urine or feces (a felony of the second degree under 2702.1(a)(3) if the person knew, had reason to know, should have known or believed the fluid came from someone infected with a reportable communicable disease transmissible that way). That third-degree felony is the lowest felony grade among the chapter's assault offenses.
- Assault by prisoner (2703) is a felony of the second degree, or of the first degree when a confined person assaults a detention or correctional facility employee with a deadly weapon or instrument or by force likely to produce serious bodily injury (2703(a)(3)), and assault by a life prisoner (2704) carries the same penalty as murder of the second degree.
- Strangulation (2718) becomes a felony of the second or first degree in the circumstances the statute lists.
Pennsylvania assault offenses and penalties
The table lists each offense with its grade and the statutory maximums from the general sentencing sections.
| Offense | Statute | What it covers | Grade | Statutory maximum |
|---|---|---|---|---|
| Harassment (physical contact) | 18 Pa.C.S. 2709(a)(1), (c) | With intent to harass, annoy or alarm, striking, shoving, kicking or otherwise subjecting another to physical contact, or attempting or threatening to | Summary offense (enhanced one degree after a prior violation of a 23 Pa.C.S. 6108 order involving the same victim, family or household member) | Up to 90 days; fine up to $300 |
| Simple assault in a mutual fight | 2701(b)(1) | Simple assault in a fight or scuffle entered into by mutual consent | Misdemeanor of the third degree | Up to 1 year; fine up to $2,500 |
| Simple assault | 2701(a), (b) | Attempting or intentionally, knowingly or recklessly causing bodily injury; negligently causing bodily injury with a deadly weapon; attempting by physical menace to put another in fear of imminent serious bodily injury | Misdemeanor of the second degree | Up to 2 years; fine up to $5,000 |
| Simple assault on a child under 12 | 2701(b)(2) | Simple assault against a child under 12 by a person 18 or older | Misdemeanor of the first degree | Up to 5 years; fine up to $10,000 |
| Recklessly endangering another person | 2705 | Recklessly engaging in conduct that places or may place another in danger of death or serious bodily injury | Misdemeanor of the second degree | Up to 2 years; fine up to $5,000 |
| Terroristic threats | 2706(a)(1), (d) | Communicating a threat to commit any crime of violence with intent to terrorize another | Misdemeanor of the first degree; felony of the third degree if it diverts occupants of a building, place of assembly or public transportation facility | Up to 5 years and $10,000; as a felony, up to 7 years and $15,000 |
| Assault on a sports official | 2712 | Simple assault on a sports official during a sports event or as a result of the official's acts as a sports official | Misdemeanor of the first degree | Up to 5 years; fine up to $10,000 |
| Aggravated assault | 2702(a)(3)-(8), (b) | Bodily injury to a listed officer or employee in the performance of duty; bodily injury with a deadly weapon; bodily injury to a school employee acting in the scope of employment or because of the employment relationship; physical menace of a listed person in the performance of duty; tear gas or an electronic incapacitation device against a listed person acting in the scope of employment; bodily injury to a child under 6 by an adult | Felony of the second degree | Up to 10 years; fine up to $25,000 |
| Aggravated assault | 2702(a)(1), (2), (9), (b) | Serious bodily injury under circumstances manifesting extreme indifference to the value of human life; serious bodily injury to a listed person or public transportation employee in the performance of duty; serious bodily injury to a child under 13 by an adult | Felony of the first degree | Up to 20 years; fine up to $25,000 |
| Assault of a law enforcement officer (bodily fluids) | 2702.1(a)(2) | Causing or attempting to cause an officer, known to be an officer and in the performance of duty, to come into contact with blood, seminal fluid, saliva, urine or feces by throwing, tossing, spitting or expelling it | Felony of the third degree; felony of the second degree with a known or suspected communicable disease (2702.1(a)(3)) | Up to 7 years and $15,000; as a second-degree felony, up to 10 years and $25,000 |
| Assault of a law enforcement officer (firearm) | 2702.1(a)(1), (b) | Attempting to cause or intentionally or knowingly causing bodily injury to an officer, known to be an officer and in the performance of duty, by discharging a firearm | Felony of the first degree | A term fixed by the court at not more than 40 years; fine up to $25,000 |
| Assault by prisoner | 2703(a)(1), (b) | A confined person intentionally or knowingly assaulting another with a deadly weapon or instrument or by means or force likely to produce serious bodily injury, or a detention or correctional facility employee with a deadly weapon or instrument or by means or force likely to produce bodily injury | Felony of the second degree | Up to 10 years; fine up to $25,000; sentence must run consecutively to the current sentence |
| Assault by prisoner on a correctional employee (serious-injury force) | 2703(a)(3), (b) | A confined person intentionally or knowingly assaulting a detention or correctional facility employee with a deadly weapon or instrument or by means or force likely to produce serious bodily injury | Felony of the first degree | Up to 20 years; fine up to $25,000; sentence must run consecutively to the current sentence |
| Aggravated harassment by prisoner | 2703.1 | A confined person intentionally or knowingly causing or attempting to cause another to come into contact with blood, seminal fluid, saliva, urine or feces by throwing, tossing, spitting or expelling it | Felony of the third degree | Up to 7 years; fine up to $15,000 |
| Assault by life prisoner | 2704 | A person sentenced to death or life imprisonment committing aggravated assault with a deadly weapon or instrument, or by force likely to produce serious bodily injury | Same penalty as murder of the second degree | Same penalty as murder of the second degree |
| Strangulation | 2718(a), (d) | Knowingly or intentionally impeding breathing or blood circulation by applying pressure to the throat or neck or blocking the nose and mouth | Misdemeanor of the second degree; felony of the second or first degree in listed circumstances | Up to 2 years and $5,000; F2 up to 10 years; F1 up to 20 years; felony fines up to $25,000 |
These are the ranges for the offense itself; Pennsylvania's repeat-offender law, 42 Pa.C.S. 9714, sets higher mandatory minimums for some repeat convictions, described below.
The prison maximums come from 18 Pa.C.S. 1103 (felonies, "Except as provided in 42 Pa.C.S. § 9714"), 1104 (misdemeanors) and 1105 (summary offenses, not more than 90 days). The fine ceilings come from 18 Pa.C.S. 1101: $25,000 for a felony of the first or second degree, $15,000 for the third degree, $10,000, $5,000 and $2,500 for misdemeanors of the first, second and third degree, and $300 for a summary offense for which no higher fine is established.
Repeat convictions are the exception that section names. Under 42 Pa.C.S. 9714, aggravated assault under 2702(a)(1) or (2), assault of a law enforcement officer under 2702.1(a)(1) and strangulation graded as a felony are crimes of violence. A person with one prior crime-of-violence conviction must receive a minimum of 10 years of total confinement, and a person with two or more prior convictions from separate criminal transactions a minimum of 25 years; the maximum is twice the minimum, notwithstanding the 1103 limits (9714(a), (a.1)). For a third or subsequent crime of violence, the court may instead impose life imprisonment without parole if it determines 25 years is insufficient to protect public safety (9714(a)(2)).
These are statutory maximums, not typical sentences. Under 42 Pa.C.S. 9721(b), a sentencing court "shall also consider any guidelines for sentencing and resentencing adopted by the Pennsylvania Commission on Sentencing."
Simple vs. aggravated assault: what decides the grade
The line between simple and aggravated assault in Pennsylvania usually turns on three things: how badly the person was hurt, whether a deadly weapon was involved, and who the person was. Section 18 Pa.C.S. 2301 defines the key terms "when used in this article," the part of the Crimes Code that includes Chapter 27:
"Bodily injury." Impairment of physical condition or substantial pain.
"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.
"Deadly weapon." Any firearm, whether loaded or unloaded, or any device designed as a weapon and capable of producing death or serious bodily injury, or any other device or instrumentality which, in the manner in which it is used or intended to be used, is calculated or likely to produce death or serious bodily injury.
The mental state matters as well. Negligently causing bodily injury with a deadly weapon is simple assault (2701(a)(2)). Attempting to cause or intentionally or knowingly causing bodily injury with a deadly weapon is aggravated assault, a felony of the second degree (2702(a)(4)).
For serious bodily injury, the first-degree felony in 2702(a)(1) reaches a person who "attempts to cause serious bodily injury to another, or causes such injury intentionally, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life." Aggravated assault is graded by subsection, not by injury alone: some second-degree subsections require only bodily injury, while (a)(6) rests on physical menace of a listed person rather than injury.
Assaulting a police officer, nurse, teacher or other protected person
Pennsylvania protects a long list of workers and officials through 18 Pa.C.S. 2702(c). Attempting or intentionally or knowingly causing bodily injury to any of them "in the performance of duty" is a felony of the second degree under 2702(a)(3). Attempting or causing serious bodily injury to them while in the performance of duty is a felony of the first degree under 2702(a)(2), which also covers employees of an agency, company or other entity engaged in public transportation.
In summary, the 2702(c) list covers: police officers; firefighters; county adult and juvenile probation or parole officers; agents of the Pennsylvania Board of Probation and Parole; sheriffs and deputy sheriffs; liquor control enforcement agents; officers or employees of a correctional institution, county jail or prison, juvenile detention center or court-ordered juvenile facility; judges of any court in the unified judicial system; the Attorney General and deputy attorneys general; district attorneys and assistant district attorneys; public defenders and assistant public defenders; federal, state and local law enforcement officials and anyone who assists them; emergency medical services personnel; parking enforcement officers; magisterial district judges; constables and deputy constables; psychiatric aides; school teaching staff, school board members and other school employees; the Governor, Lieutenant Governor, Auditor General and State Treasurer; members of the General Assembly; employees of the Department of Environmental Protection; private detectives; employees or agents of a county children and youth social service agency or its legal representative; public utility and electric cooperative employees; wildlife and waterways conservation officers and their deputies; and "A health care practitioner or technician."
Other protected groups:
- Nurses and health care workers. Section 2702(d) says emergency medical services personnel "includes, but is not limited to, doctors, residents, interns, registered nurses, licensed practical nurses, nurse aides, ambulance attendants and operators, paramedics, emergency medical technicians and members of a hospital security force while working within the scope of their employment." Health care practitioners and technicians were added to the list as paragraph (c)(39) by Act 51 of 2020.
- Teachers and school employees. Under 2702(a)(5), attempting or intentionally or knowingly causing bodily injury to a teaching staff member, school board member or other employee, including a student employee, of a publicly funded, licensed private or parochial elementary or secondary school, "while acting in the scope of his or her employment or because of his or her employment relationship to the school," is a felony of the second degree.
- Law enforcement officers. Section 2702.1 adds two offenses that require that the officer be in the performance of duty and that the person know the victim is a law enforcement officer: bodily injury by discharging a firearm (a first-degree felony with a maximum of 40 years) and bodily-fluid contact (a third-degree felony, or a second-degree felony under 2702.1(a)(3) when the person knew, had reason to know, should have known or believed the fluid came from someone infected with a reportable communicable disease transmissible that way).
- Children. Bodily injury to a child under 6 by a person 18 or older is a second-degree felony (2702(a)(8)); serious bodily injury to a child under 13 by a person 18 or older is a first-degree felony (2702(a)(9)). Simple assault on a child under 12 by an adult is a first-degree misdemeanor (2701(b)(2)).
- Sports officials. Simple assault on a sports official during a sports event or because of the official's acts as a sports official is a misdemeanor of the first degree (2712).
- Correctional employees. A confined person who assaults a detention or correctional facility employee with a deadly weapon or instrument, or by means or force likely to produce bodily injury, commits a felony of the second degree under 2703(a)(1)(ii), and a felony of the first degree under 2703(a)(3) when the assault is with a deadly weapon or instrument or by means or force likely to produce serious bodily injury; the sentence must run consecutively to the person's current sentence.
Strangulation
Strangulation is its own offense under 18 Pa.C.S. 2718. A person commits it by knowingly or intentionally impeding another person's breathing or blood circulation by "(1) applying pressure to the throat or neck; or (2) blocking the nose and mouth of the person." Under 2718(b), "Infliction of a physical injury to a victim shall not be an element of the offense."
Strangulation is a misdemeanor of the second degree unless one of these applies:
- Felony of the second degree (2718(d)(2)) if committed against a family or household member as defined in 23 Pa.C.S. 6102, by a caretaker against a care-dependent person, or in conjunction with sexual violence, stalking or the other conduct the paragraph lists.
- Felony of the first degree (2718(d)(3)) if the defendant is subject to an active protection from abuse order or a sexual violence or intimidation protection order that covers the victim, uses an instrument of crime, or has a prior conviction under paragraph (2) or a substantially similar offense in another jurisdiction.
Domestic assault in Pennsylvania
Pennsylvania has no separate offense called domestic assault or domestic battery in Chapter 27. An assault on a family or household member is charged under the same sections as any other assault, and the relationship affects the case in four places:
- Sentencing guidelines. 42 Pa.C.S. 9720.8(a) directs the Pennsylvania Commission on Sentencing to provide a guideline enhancement for simple or aggravated assault "committed against a family or household member" when "the defendant knew the crime was witnessed, either through sight or sound, by a minor who is also a family or household member of the defendant or the victim."
- Strangulation. Strangulation of a family or household member is a felony of the second degree, and a felony of the first degree if an active protection from abuse order covers the victim (2718(d)).
- Harassment. A harassment offense is enhanced one degree if the person previously violated a 23 Pa.C.S. 6108 order involving the same victim, family or household member (2709(c)(3)).
- Arrest. Under 18 Pa.C.S. 2711(a), police may arrest without a warrant for simple assault, aggravated assault under 2702(a)(3), (4) or (5), recklessly endangering, terroristic threats, stalking or strangulation against a family or household member even if the offense did not take place in their presence, but only after observing recent physical injury to the victim or other corroborative evidence.
Protection from abuse orders are a civil process covered in Pennsylvania restraining order laws. Federal law adds its own consequence: under 18 U.S.C. 922(g)(9), a person convicted of a "misdemeanor crime of domestic violence," as defined in 18 U.S.C. 921(a)(33), may not ship, transport, possess or receive firearms or ammunition in or affecting commerce. The assault and battery hub covers the federal layer.
Recent changes to Pennsylvania assault law
- Act 118 of 2013 last amended the simple assault section, 2701, effective January 1, 2014.
- Act 63 of 2020 amended 2703(a), adding a first-degree felony for assaults on detention or correctional facility employees with a deadly weapon or instrument or force likely to produce serious bodily injury.
- Act 51 of 2020 added "A health care practitioner or technician" to the 2702(c) list as paragraph (39) and amended the definitions in 2702(d).
- Act 99 of 2022 amended 2702.1 (assault of a law enforcement officer), 2703 (assault by prisoner) and 2704 (assault by life prisoner).
- Act 98 of 2024 amended section 2719, the newest change in Chapter 27.
The acts of the 2025 and 2026 sessions enacted to date do not amend 2701, 2702, 2702.1, 2703, 2709, 2712, 2718, the 2301 definitions or 42 Pa.C.S. 5524.
Civil lawsuits for assault and battery
A criminal prosecution and a civil lawsuit for damages are separate cases. Pennsylvania's civil law keeps the traditional names: under 42 Pa.C.S. 5524, "The following actions and proceedings must be commenced within two years: (1) An action for assault, battery, false imprisonment, false arrest, malicious prosecution or malicious abuse of process." For someone injured as an unemancipated minor, 42 Pa.C.S. 5533(b) excludes the period of minority, so the two years run from age 18.
For other filing deadlines, see the Pennsylvania statute of limitations guide.
Related legal issues
- Self-defense. Whether force was justified is a separate body of law; see Pennsylvania self-defense laws.
- Protection from abuse orders. See Pennsylvania restraining order laws.
- Clearing a record. Whether an assault record can be expunged or sealed is covered in Pennsylvania expungement laws.
Related pages
- Assault and battery laws by state
- Pennsylvania self-defense laws
- Pennsylvania restraining order laws
- Pennsylvania expungement laws
- Pennsylvania statute of limitations
- New Jersey assault and battery laws
- Delaware assault and battery laws
This article provides general legal information about Pennsylvania assault law, not legal advice. Laws change, and how they apply depends on the facts. For advice about a specific situation, contact a lawyer licensed in Pennsylvania.
Last updated: 2026-10-13.
Frequently Asked Questions
Is there a difference between assault and battery in Pennsylvania?
Pennsylvania criminal law has no offense called battery. Chapter 27 of the Crimes Code uses the single name assault, and simple assault under 18 Pa.C.S. 2701 covers both causing or attempting bodily injury and attempting by physical menace to put someone in fear of imminent serious bodily injury.
Is simple assault a felony in Pennsylvania?
No. Simple assault under 18 Pa.C.S. 2701(b) is a misdemeanor: second degree by default, third degree in a fight or scuffle entered into by mutual consent, and first degree against a child under 12 by a person 18 or older.
What is the maximum penalty for simple assault in Pennsylvania?
As a misdemeanor of the second degree, simple assault carries up to 2 years in prison (18 Pa.C.S. 1104(2)) and a fine of up to $5,000 (1101(5)). Against a child under 12 by an adult it is a first-degree misdemeanor, with up to 5 years and $10,000.
What makes an assault aggravated in Pennsylvania?
Under 18 Pa.C.S. 2702(a), the main triggers are serious bodily injury (or an attempt to cause it), bodily injury caused with a deadly weapon, injury to a person on the 2702(c) list in the performance of duty, bodily injury to a school employee acting in the scope of employment or because of the employment relationship, and injury to a young child by an adult.
What happens if you assault a police officer in Pennsylvania?
Attempting to cause or intentionally or knowingly causing bodily injury to a police officer in the performance of duty is aggravated assault, a felony of the second degree (18 Pa.C.S. 2702(a)(3)); serious bodily injury is a felony of the first degree. Doing so by discharging a firearm is a separate first-degree felony under 2702.1 with a maximum of 40 years.
Is spitting on a police officer a felony in Pennsylvania?
Intentionally or knowingly causing or attempting to cause an officer in the performance of duty, known to be an officer, to come into contact with saliva, blood, urine, feces or seminal fluid by throwing, tossing, spitting or expelling it is a felony of the third degree under 18 Pa.C.S. 2702.1(a)(2). It is a felony of the second degree under 2702.1(a)(3) if the person knew, had reason to know, should have known or believed the fluid came from someone infected with a reportable communicable disease that can be transmitted that way.
Is assaulting a nurse or health care worker a felony in Pennsylvania?
Health care practitioners and technicians and emergency medical services personnel (which the statute defines to include registered nurses, licensed practical nurses and nurse aides working within the scope of their employment) are on the 2702(c) list. Attempting to cause or intentionally or knowingly causing bodily injury to them in the performance of duty is a second-degree felony under 2702(a)(3).
Is assaulting a teacher a felony in Pennsylvania?
Attempting or intentionally or knowingly causing bodily injury to a teaching staff member, school board member or other employee of a public, licensed private or parochial elementary or secondary school, while acting in the scope of employment or because of the employment relationship, is aggravated assault under 18 Pa.C.S. 2702(a)(5), a felony of the second degree.
Is shoving someone assault in Pennsylvania?
Simple assault under 2701 turns on attempting or causing bodily injury, which 18 Pa.C.S. 2301 defines as impairment of physical condition or substantial pain. Striking, shoving or kicking someone with intent to harass, annoy or alarm is the separate offense of harassment under 2709(a)(1), generally a summary offense.
Is choking someone a felony in Pennsylvania?
Strangulation under 18 Pa.C.S. 2718 is a misdemeanor of the second degree by default. It is a felony of the second degree against a family or household member, by a caretaker against a care-dependent person, or in conjunction with sexual violence or stalking, and a felony of the first degree in the circumstances listed in 2718(d)(3).
What if both people agreed to fight in Pennsylvania?
Under 18 Pa.C.S. 2701(b)(1), simple assault committed in a fight or scuffle entered into by mutual consent is a misdemeanor of the third degree, punishable by up to 1 year in prison and a fine of up to $2,500.
How long do you have to sue for assault or battery in Pennsylvania?
Under 42 Pa.C.S. 5524(1), an action for assault, battery, false imprisonment, false arrest, malicious prosecution or malicious abuse of process must generally be commenced within two years. For someone injured as an unemancipated minor, the period of minority does not count, so the two years run from age 18 (42 Pa.C.S. 5533(b)).
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Pennsylvania Consolidated Statutes Title 18 (Crimes and Offenses)
§ 2701Simple assaultIn force
(a) Offense defined.--Except as provided under section 2702 (relating to aggravated assault), a person is guilty of assault if he: (1) attempts to cause or intentionally, knowingly or recklessly causes bodily injury to another; (2) negligently causes bodily injury to another with a deadly weapon; (3) attempts by physical menace to put another in fear of imminent serious bodily injury; or (4) conceals or attempts to conceal a hypodermic needle on his person and intentionally or knowingly penetrates a law enforcement officer or an officer or an employee of a correctional institution, county jail or prison, detention facility or mental hospital during the course of an arrest or any search of the person. (b) Grading.--Simple assault is a misdemeanor of the second degree unless committed: (1) in a fight or scuffle entered into by mutual consent, in which case it is a misdemeanor of the third degree; or (2) against a child under 12 years of age by a person 18 years of age or older, in which case it is a misdemeanor of the first degree.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at palegis.us
§ 2702Aggravated assaultIn forcecited in 2 of our articles
(a) Offense defined.--A person is guilty of aggravated assault if he: (1) attempts to cause serious bodily injury to another, or causes such injury intentionally, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life; (2) attempts to cause or intentionally, knowingly or recklessly causes serious bodily injury to any of the officers, agents, employees or other persons enumerated in subsection (c) or to an employee of an agency, company or other entity engaged in public transportation, while in the performance of duty; (3) attempts to cause or intentionally or knowingly causes bodily injury to any of the officers, agents, employees or other persons enumerated in subsection (c), in the performance of duty; (4) attempts to cause or intentionally or knowingly causes bodily injury to another with a deadly weapon; (5) attempts to cause or intentionally or knowingly causes bodily injury to a teaching staff member, school board member or other employee, including a student employee, of any elementary or secondary publicly-funded educational institution, any elementary or secondary private school licensed by the Department of Education…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at palegis.us
Cited in 1,751 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Commonwealth v. Anderson (Supreme Court of Pennsylvania 1994, 538 Pa. 574)“…nifesting extreme indifference to the value of human life." 18 Pa.C.S. § 2702(a)(1). Criminal attempt to murder is de…”
- Commonwealth v. Dillon (Supreme Court of Pennsylvania 2007, 592 Pa. 351)“…dence is inadmissible. Therefore, I dissent. NOTES [1] 18 Pa.C.S. § 2702. [2] 18 Pa.C.S. § 3123. [3] 18 Pa…”
- Commonwealth v. Shiffler (Supreme Court of Pennsylvania 2005, 583 Pa. 478)“…nimum sentence. NOTES [1] 18 Pa.C.S. § 3502(a). [2] 18 Pa.C.S. § 2702(a)(3). [3] 18 Pa.C.S. § 3921(a). […”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Pennsylvania Name Change Laws: Fingerprinting, Dual Publication, and the Offense Bar
§ 2702.1Assault of law enforcement officerIn force
(a) Assault of a law enforcement officer.-- (1) A person commits a felony of the first degree who attempts to cause or intentionally or knowingly causes bodily injury to a law enforcement officer, while in the performance of duty and with knowledge that the victim is a law enforcement officer, by discharging a firearm. (2) Except as provided under sections 2703 (relating to assault by prisoner), 2703.1 (relating to aggravated harassment by prisoner) and 2704 (relating to assault by life prisoner), a person is guilty of a felony of the third degree if the person intentionally or knowingly causes or attempts to cause a law enforcement officer, while in the performance of duty and with knowledge that the victim is a law enforcement officer, to come into contact with blood, seminal fluid, saliva, urine or feces by throwing, tossing, spitting or expelling the fluid or material.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at palegis.us
§ 2718StrangulationIn force
(a) Offense defined.--A person commits the offense of strangulation if the person knowingly or intentionally impedes the breathing or circulation of the blood of another person by: (1) applying pressure to the throat or neck; or (2) blocking the nose and mouth of the person. (b) Physical injury.--Infliction of a physical injury to a victim shall not be an element of the offense. The lack of physical injury to a victim shall not be a defense in a prosecution under this section. (c) Affirmative defense.--It shall be an affirmative defense to a charge under this section that the victim consented to the defendant's actions as provided under section 311 (relating to consent). (d) Grading.-- (1) Except as provided in paragraph (2) or (3), a violation of this section shall constitute a misdemeanor of the second degree. (2) A violation of this section shall constitute a felony of the second degree if committed: (i) against a family or household member as defined in 23 Pa.C.S. § 6102 (relating to definitions); (ii) by a caretaker against a care-dependent person; or (iii) in conjunction with sexual violence as defined in 42 Pa.C.S.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at palegis.us
§ 2301DefinitionsIn force
Subject to additional definitions contained in subsequent provisions of this article which are applicable to specific chapters or other provisions of this article, the following words and phrases, when used in this article shall have, unless the context clearly indicates otherwise, the meanings given to them in this section: "Bodily injury." Impairment of physical condition or substantial pain. "Deadly weapon." Any firearm, whether loaded or unloaded, or any device designed as a weapon and capable of producing death or serious bodily injury, or any other device or instrumentality which, in the manner in which it is used or intended to be used, is calculated or likely to produce death or serious bodily injury. "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 provocation." Conduct sufficient to excite an intense passion in a reasonable person.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at palegis.us
§ 1103Sentence of imprisonment for felonyIn forcecited in 2 of our articles
Except as provided in 42 Pa.C.S. § 9714 (relating to sentences for second and subsequent offenses), a person who has been convicted of a felony may be sentenced to imprisonment as follows: (1) In the case of a felony of the first degree, for a term which shall be fixed by the court at not more than 20 years. (2) In the case of a felony of the second degree, for a term which shall be fixed by the court at not more than ten years. (3) In the case of a felony of the third degree, for a term which shall be fixed by the court at not more than seven years.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at palegis.us
Also relied on in: Pennsylvania Theft Laws: Felony Threshold and Retail Theft (2026)
Pennsylvania Consolidated Statutes Title 42 (Judiciary and Judicial Procedure)
§ 9720.8Sentencing for offenses involving domestic violence in the presence of a minorIn force
(a) Sentencing enhancement.--The Pennsylvania Commission on Sentencing, in accordance with section 2154 (relating to adoption of guidelines for sentencing), shall provide for a sentence enhancement within its guidelines for an offense under 18 Pa.C.S. § 2701 (relating to simple assault) or 2702 (relating to aggravated assault), specifying variations from the range of sentences applicable based on such aggravating circumstances as the assault was committed against a family or household member and the defendant knew the crime was witnessed, either through sight or sound, by a minor who is also a family or household member of the defendant or the victim. (b) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "Family or household member." The term shall have the same meaning as "family or household members" under 23 Pa.C.S. § 6102 (relating to definitions).
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at palegis.us
§ 5524Two year limitationIn forcecited in 19 of our articles
The following actions and proceedings must be commenced within two years: (1) An action for assault, battery, false imprisonment, false arrest, malicious prosecution or malicious abuse of process. (2) An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another. (3) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof. (4) An action for waste or trespass of real property. (5) An action upon a statute for a civil penalty or forfeiture. (6) An action against any officer of any government unit for the nonpayment of money or the nondelivery of property collected upon on execution or otherwise in his possession. (7) Any other action or proceeding to recover damages for injury to person or property which is founded on negligent, intentional, or otherwise tortious conduct or any other action or proceeding sounding in trespass, including deceit or fraud, except an action or proceeding subject to another limitation specified in this subchapter.
Official text (excerpt) · last checked 2026-09-14 · Read the full text in our law library · Verify at palegis.us
Cited in 1,427 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Fine v. Checcio (Supreme Court of Pennsylvania 2005, 582 Pa. 253)“…ry judgment based on the two year statute of limitations in 42 Pa.C.S. § 5524(2). 1 In their respective…”
- Dalrymple v. Brown (Supreme Court of Pennsylvania 1997, 549 Pa. 217)“…g that the matter was barred by the statute of limitations, 42 Pa.C.S. § 5524, which provides that the causes of acti…”
- Anthony v. Koppers Co., Inc. (Supreme Court of Pennsylvania 1981, 496 Pa. 119)“…ve June 27, 1978. See Section 5524(2) of the Judicial Code, 42 Pa.C.S. § 5524(2) (now providing a two year limitation…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Pennsylvania Dog Bite Laws: Liability and Victim Rights, Pennsylvania Car Accident Laws: Tort Choice, PIP, and Your Claim, Truck Accident Laws in Pennsylvania (2026): Deadlines & Liability
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Sources and References
- 18 Pa.C.S. Chapter 27, Assault (sections 2701-2719)(www.palegis.us).gov
- 42 Pa.C.S. 5524, Two year limitation(www.palegis.us).gov
- 18 Pa.C.S. Chapter 11, Authorized disposition of offenders (1101, 1103, 1104, 1105)(www.palegis.us).gov
- 42 Pa.C.S. 9721, Sentencing generally(www.palegis.us).gov
- 18 Pa.C.S. 2301, Definitions(www.palegis.us).gov
- 42 Pa.C.S. 9720.8, Sentencing for offenses involving domestic violence in the presence of a minor(www.palegis.us).gov
- 18 U.S.C. 922, Unlawful acts(www.govinfo.gov).gov
- 18 U.S.C. 921, Definitions(www.govinfo.gov).gov
- Pennsylvania Unconsolidated Statutes, law information index (2026 session)(www.palegis.us).gov
- 42 Pa.C.S. 9714, Sentences for second and subsequent offenses(www.palegis.us).gov
- 42 Pa.C.S. 5533, Infancy, insanity or imprisonment(www.palegis.us).gov
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