What the penalties are for assault in Pennsylvania will change depending on the type of sexual assault you are charged with, your prior history, and whether assault is the only charge against you. Generally speaking, you could face thousands of dollars in fines and significant time behind bars.
While the maximum penalties for an assault conviction are significant, it is important to remember that you will only face them if you are found guilty. Our Philadelphia assault defense lawyers can guide you through the justice system and help you secure the best possible outcome in your case.
How Long Can You Get for Assault in Pennsylvania?
The primary consequences of a sexual assault conviction are jail or prison time and fines. The extent of the penalties for assault in Pennsylvania, including how many years you go to jail for assault, depends on the type of charge you face, among other things.
Sexual Assault as a Misdemeanor
Some kinds of sexual assault are graded as first- or second-degree misdemeanors. The penalties for these are listed at 18 Pa. C.S.A. § 923. They are as follows:
- Second-degree misdemeanor: Up to two years in prison and up to $5,000 in fines
- First-degree misdemeanor: Up to five years in prison and up to $10,000 in fines
Sexual Assault as a Felony
The vast majority of sexual assault charges are graded as felonies, which are more serious than misdemeanors. The maximum sentence depends on the facts of the case. You could be charged with a first-, second-, or third-degree felony, which come with the following maximum penalties:
- Third-degree felony: Up to seven years in prison and up to $15,000 in fines
- Second-degree felony: Up to ten years in prison and up to $25,000 in fines
- First-degree felony: Up to 20 years in prison and up to $25,000 in fines
In the most serious cases, such as rape of a child, a judge may sentence you to as much as 40 years in prison or even life imprisonment.
Sexual Assault in Conjunction with Other Charges
The penalties listed above apply to assault charges only. What the sentence is for assault may increase if, for example, you have previous assault convictions on your record or if you are facing multiple charges at once (e.g., assault of a minor in addition to giving the minor alcohol or drugs).
In all cases, you might also be ordered to cover court fees or pay restitution to the assault victim.
For a free legal consultation, call 215.515.3360
What Kinds of Sexual Assault Charges are there in Pennsylvania?
As stated in 18 Pa. C.S.A. § 31, the Commonwealth of Pennsylvania recognizes many different forms of sexual assault, including:
- Rape: Having sex with someone who is incapable of granting consent due to mental disability, temporary mental impairment (e.g., intoxication), or threat of force
- Statutory sexual assault: Having sex with someone who is underage
- Sexual assault: Having sex or engaging in sexual behavior with someone who did not grant consent
- Institutional sexual assault: When an employee at a mental health or correctional institution has sex or engages in sexual behavior with someone under the care
- Aggravated indecent assault: When a person touches another person’s genitals without their consent or in a way that violates the “good faith” relationship between a doctor and patient, a police officer and a citizen, etc.
- Indecent assault: When a person forces someone who has not granted consent to “come into contact with” bodily fluids for sexual purposes
Rape is the most serious sexual assault charge in Pennsylvania, while indecent assault may be the least serious (a second-degree misdemeanor) in certain circumstances. Our Philadelphia rape defense lawyers can protect you against any assault charge, no matter how serious.
A Strong Defense Can Avoid these Penalties
You have the right to raise a strong defense in an assault case. While an arrest can leave you feeling hopeless, the reality is that these charges are often defensible. The right strategy could lead to a favorable outcome, like a dismissal, a reduced charge, or an acquittal at trial. Some strategies may include:
Arguing there is a Lack of Evidence of Assault
The prosecution must prove beyond a reasonable doubt that you committed assault. This high legal burden can be difficult to meet, especially in cases based on little more than dueling allegations between two parties.
Instead of establishing an affirmative defense, it might be in your best interest to challenge the strength of the prosecution’s evidence. If we can show that the sum of the evidence does not meet this burden, you must be acquitted at trial.
Proving You were Mistaken for the Real Assailant
It is not unheard of for an assault victim to misidentify the person who attacked them. This is not necessarily an act of malice on their part: assault is a traumatizing, often chaotic event that can affect memory.
Regardless of the reason for the misidentification, our defense lawyers can work to prove that you are not the guilty party. We may do this through the use of witness testimony, video footage, and DNA evidence.
Asking that the Charges be Reduced
As previously mentioned, felony penalties tend to be more serious than misdemeanor penalties. If the evidence supports it, we may argue that the prosecution should charge you with a misdemeanor versus a felony. This way, even if you are convicted, the sentence will have a less severe impact on your life.
Talk to Our Pennsylvania Lawyers Regarding the Penalties for an Assault Conviction
The penalties for assault in Pennsylvania can be very serious, but there is also the opportunity to avoid a conviction entirely. If you have been arrested on these charges, now is the time to seek the help of aggressive legal counsel.
The Law Offices of M.J. Snyder, LLC, have handled a variety of assault cases. We understand how the prosecution pursues convictions, and our team can use our experience to poke holes in their case while building a strong defense. Contact us as soon as possible to discuss the sentence for assault and how to avoid it.
